Terms and Conditions
Agreement between User and insomniakplus.com
Welcome to insomniakplus.com. The insomniakplus.com website (the “Site”) is comprised of
various web pages operated by INSOMNIAK LLC. (“INSOMNIAK”). insomniakplus.com is
offered to you conditioned on your acceptance without modification of the terms, conditions, and
notices contained herein (the “Terms”). Your use of insomniakplus.com constitutes your agreement
to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
insomniakplus.com is an E-Commerce Site.
We provide top quality brands in the automotive industries along with sponsoring those who are
passionate for cars.
Visiting insomniakplus.com or sending emails to INSOMNIAK constitutes electronic
communications. You consent to receive electronic communications and you agree that all
agreements, notices, disclosures and other communications that we provide to you electronically,
via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and
password and for restricting access to your computer, and you agree to accept responsibility for
all activities that occur under your account or password. You may not assign or otherwise transfer
your account to any other person or entity. You acknowledge that INSOMNIAK is not
responsible for third party access to your account that results from theft or misappropriation of
your account. INSOMNIAK and its associates reserve the right to refuse or cancel service,
terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
INSOMNIAK does not knowingly collect, either online or offline, personal information from
persons under the age of thirteen. If you are under 18, you may use insomniakplus.com only with
permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
insomniakplus.com may contain links to other websites (“Linked Sites”). The Linked Sites are not
under the control of INSOMNIAK and INSOMNIAK is not responsible for the contents of any
Linked Site, including without limitation any link contained in a Linked Site, or any changes or
updates to a Linked Site. INSOMNIAK is providing these links to you only as a convenience,
and the inclusion of any link does not imply endorsement by INSOMNIAK of the site or any
association with its operators.
Certain services made available via insomniakplus.com are delivered by third party sites and
organizations. By using any product, service or functionality originating from the insomniakplus.com
domain, you hereby acknowledge and consent that INSOMNIAK may share such information
and data with any third party with whom INSOMNIAK has a contractual relationship to provide
the requested product, service or functionality on behalf of insomniakplus.com users and
No Unlawful or Prohibited Use/Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use
Site, you warrant to INSOMNIAK that you will not use the Site for any purpose that is unlawful
or prohibited by these Terms. You may not use the Site in any manner which could damage,
disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the
Site. You may not obtain or attempt to obtain any materials or information through any means not
intentionally made available or provided for through the Site.
All content included as part of the Service, such as text, graphics, logos, images, as well as the
compilation thereof, and any software used on the Site, is the property of INSOMNIAK or its
suppliers and protected by copyright and other laws that protect intellectual property and
proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,
legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create
derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.
INSOMNIAK content is not for resale. Your use of the Site does not entitle you to make any
unauthorized use of any protected content, and in particular you will not delete or alter any
proprietary rights or attribution notices in any content. You will use protected content solely for
your personal use, and will make no other use of the content without the express written
permission of INSOMNIAK and the copyright owner. You agree that you do not acquire any
ownership rights in any protected content. We do not grant you any licenses, express or implied,
to the intellectual property of INSOMNIAK or our licensors except as expressly authorized by
Use of Communication Services
The Site may contain bulletin board services, chat areas, news groups, forums, communities,
personal web pages, calendars, and/or other message or communication facilities designed to
enable you to communicate with the public at large or with a group (collectively, “Communication
Services”). You agree to use the Communication Services only to post, send and receive messages
and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service,
you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any
inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material
or information; upload files that contain software or other material protected by intellectual
property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or
have received all necessary consents; upload files that contain viruses, corrupted files, or any other
similar software or programs that may damage the operation of another’s computer; advertise or
offer to sell or buy any goods or services for any business purpose, unless such Communication
Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes
or chain letters; download any file posted by another user of a Communication Service that you
know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete
any author attributions, legal or other proper notices or proprietary designations or labels of the
origin or source of software or other material contained in a file that is uploaded; restrict or inhibit
any other user from using and enjoying the Communication Services; violate any code of conduct
or other guidelines which may be applicable for any particular Communication Service; harvest or
otherwise collect information about others, including e-mail addresses, without their consent;
violate any applicable laws or regulations.
INSOMNIAK has no obligation to monitor the Communication Services. However,
INSOMNIAK reserves the right to review materials posted to a Communication Service and to
remove any materials in its sole discretion. INSOMNIAK reserves the right to terminate your
access to any or all of the Communication Services at any time without notice for any reason
INSOMNIAK reserves the right at all times to disclose any information as necessary to satisfy any
applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to
remove any information or materials, in whole or in part, in INSOMNIAK’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your
children in any Communication Service. INSOMNIAK does not control or endorse the content,
messages or information found in any Communication Service and, therefore, INSOMNIAK
specifically disclaims any liability with regard to the Communication Services and any actions
resulting from your participation in any Communication Service. Managers and hosts are not
authorized INSOMNIAK spokespersons, and their views do not necessarily reflect those of
Materials uploaded to a Communication Service may be subject to posted limitations on usage,
reproduction and/or dissemination. You are responsible for adhering to such limitations if you
upload the materials.
Materials Provided to insomniakplus.com or Posted on Any INSOMNIAK Web Page
INSOMNIAK does not claim ownership of the materials you provide to insomniakplus.com
(including feedback and suggestions) or post, upload, input or submit to any INSOMNIAK Site
or our associated services (collectively “Submissions”). However, by posting, uploading, inputting,
providing or submitting your Submission you are granting INSOMNIAK, our affiliated companies
and necessary sublicensees permission to use your Submission in connection with the operation of
their Internet businesses including, without limitation, the rights to: copy, distribute, transmit,
publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to
publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein.
INSOMNIAK is under no obligation to post or use any Submission you may provide and may
remove any Submission at any time in INSOMNIAK’s sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and
represent that you own or otherwise control all of the rights to your Submission as described in this
section including, without limitation, all the rights necessary for you to provide, post, upload, input
or submit the Submissions.
Third Party Accounts
You will be able to connect your INSOMNIAK account to third party accounts. By connecting
your INSOMNIAK account to your third party account, you acknowledge and agree that you are
consenting to the continuous release of information about you to others (in accordance with your
privacy settings on those third party sites). If you do not want information about you to be shared
in this manner, do not use this feature.
The Service is controlled, operated and administered by INSOMNIAK from our offices within the
USA. If you access the Service from a location outside the USA, you are responsible for
compliance with all local laws. You agree that you will not use the INSOMNIAK Content
accessed through insomniakplus.com in any country or in any manner prohibited by any applicable
laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless INSOMNIAK, its officers, directors,
employees, agents and third parties, for any losses, costs, liabilities and expenses (including
reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or
services, any user postings made by you, your violation of any terms of this Agreement or your
violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.
INSOMNIAK reserves the right, at its own cost, to assume the exclusive defense and control of
any matter otherwise subject to indemnification by you, in which event you will fully cooperate with
INSOMNIAK in asserting any available defenses.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class
arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE
THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S
INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH
AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE
OTHER. Further, unless both you and INSOMNIAK agree otherwise, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over any form of a
representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR
AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR
TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE
INFORMATION HEREIN. INSOMNIAK LLC. AND/OR ITS SUPPLIERS MAY MAKE
IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
INSOMNIAK LLC. AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY
OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM
EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,
SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS
IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. INSOMNIAK LLC.
AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS
WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT
SHALL INSOMNIAK LLC. AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,
INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR
ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY
CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY
OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR
FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,
PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,
OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON
CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
INSOMNIAK LLC. OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF
DISCONTINUE USING THE SITE.
INSOMNIAK reserves the right, in its sole discretion, to terminate your access to the Site and the
related services or any portion thereof at any time, without notice. To the maximum extent
permitted by law, this agreement is governed by the laws of the State of Georgia and you hereby
consent to the exclusive jurisdiction and venue of courts in Georgia in all disputes arising out of or
relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give
effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between
you and INSOMNIAK as a result of this agreement or use of the Site. INSOMNIAK’s
performance of this agreement is subject to existing laws and legal process, and nothing contained
in this agreement is in derogation of INSOMNIAK’s right to comply with governmental, court and
law enforcement requests or requirements relating to your use of the Site or information provided
to or gathered by INSOMNIAK with respect to such use. If any part of this agreement is
determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,
the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable
provision will be deemed superseded by a valid, enforceable provision that most closely matches
the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user
and INSOMNIAK with respect to the Site and it supersedes all prior or contemporaneous
communications and proposals, whether electronic, oral or written, between the user and
INSOMNIAK with respect to the Site. A printed version of this agreement and of any notice
given in electronic form shall be admissible in judicial or administrative proceedings based upon or
relating to this agreement to the same extent and subject to the same conditions as other business
documents and records originally generated and maintained in printed form. It is the express wish
to the parties that this agreement and all related documents be written in English.
Changes to Terms
INSOMNIAK reserves the right, in its sole discretion, to change the Terms under which
insomniakplus.com is offered. The most current version of the Terms will supersede all previous
versions. INSOMNIAK encourages you to periodically review the Terms to stay informed of our
INSOMNIAK welcomes your questions or comments regarding the Terms:
38 Saint Aurics Dr.
Suwanee, Georgia 30024
Effective as of February 10, 2018