Terms of Use and Privacy Policy

TERMS OF USE

Welcome to the web site for Affinia Group Inc. (“Web Site” or ”Site”). We maintain this Site
for general promotional, investor relations, public information and other purposes. The
following Terms of Use (”Terms”) apply to your use of this Site. Please read them carefully.
By using this Web Site, you are agreeing to be bound by these Terms. You may not use this
Site if you do not agree to these Terms.

Unless the context indicates otherwise, as used in these Terms, (i) "Affinia," "us," "we," and
"our" refer to Affinia Group affiliates and (ii) "Content" refers to any or all text, documents,
photographs, images, graphics, logos, emblems, designs, layouts, trademarks, trade
names, service marks, copyrighted materials, audio and video presentations and any other
information provided by us on or through this Web Site, including user interfaces and the
selection, coordination and arrangement of such information.

 

Intellectual Property

The Content provided on this Web Site is copyrighted by Affinia or our third party licensors
and is protected from copying, reproduction, modification, distribution, display, performance
or transmittal for any purpose under United States and international copyright laws.
The trademarks, trade names, service marks, product packaging, designs and corporate
logos and emblems displayed on this Site belong exclusively to Affinia or our third party
licensors and are protected from reproduction, imitation, dilution, or confusing or misleading
uses under United States and international trademark laws.

Permitted and Prohibited Uses

Subject to the terms of this agreement, individuals are permitted to electronically copy
Content published on this Web Site and to make prints solely for their personal information
and use. Subject to the terms of this agreement, Affinia’s dealers are permitted to
electronically copy material published on this Web Site and to make prints thereof for the
benefit and use by their customers and potential customers. Incorporating Content into
other Web Sites, catalogs or publications without Affinia’s prior written permission is
prohibited.

You may not remove any copyright or other proprietary notices (including visible or invisible
watermarks) from any Content or from this Web Site. Using bots, spiders and other
indexing agents to crawl, retrieve or copy all or any part of this Web Site is prohibited.
Without Affinia’s prior written permission, you may not mirror or archive any Content on any
server or computer, or retransmit any Content from this Web Site, or any modified versions
thereof.

You may not (i) decompile, disassemble or reverse engineer this Web Site or otherwise
attempt to determine the source code or trade secrets of the Site, (ii) violate or attempt to
violate the security of the Site or (iii) otherwise disrupt or interfere with the operation of the
Site.

You agree that you are authorized to view this Web Site, including any Content herein. To
the extent you have accessed a private or password-protected portion of this Site, you
agree that you have been granted permission by Affinia to access such portion and that you
agree to the Web Site Use Agreement.

Disclaimer of Warranties

We make no guarantees or warranties of any kind, express or implied, regarding the
Content or operation of the Site. You access and use this Site at your own risk. The Content
is provided "AS IS" and we are not responsible for its use or misuse. Access to this Site
from locations where the Content may be illegal is prohibited and you are responsible for
compliance with applicable local laws. You are also responsible for taking all necessary
precautions to assure that any material you obtain from this Site is free from computer
viruses, worms, Trojan horses or other destructive devices.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOUR USE OF AND ACCESS TO
THE SITE AND THE CONTENT IS AT YOUR SOLE RISK. THE CONTENT AND THIS WEBSITE
ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE EXPRESSLY DISCLAIM ALL
WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A
PARTICULAR PURPOSE AND ANY WARRANTIES THAT THE SITE, OR ANY CONTENT ON THE
SITE, IS NONINFRINGING; THAT ACCESS TO THE CONTENT OR SITE WILL BE
UNINTERRUPTED OR ERROR-FREE; THAT THE SITE OR CONTENT WILL BE SECURE; THAT
THE SITE OR THE CONTENT OR THE SERVER THAT MAKES THE SITE AVAILABLE WILL BE
VIRUS-FREE; OR THAT THE CONTENT ON THE SITE WILL BE COMPLETE, CORRECT,
ACCURATE, ADEQUATE, USEFUL, TIMELY OR OTHERWISE RELIABLE. IF YOU DOWNLOAD
ANY CONTENT FROM THE SITE, YOU DO SO AT ITS OWN RISK. YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEMS OR LOSSES OF DATA THAT
RESULT FROM THE DOWNLOAD OF ANY SUCH CONTENT. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OR FROM THE
SITE SHALL CREATE ANY WARRANTY OF ANY KIND. WE DO NOT MAKE ANY WARRANTIES
OR REPRESENTATIONS REGARDING THE USE OF THE SITE, INCLUDING THE CONTENT ON
THE SITE, IN TERMS OF ITS COMPLETENESS, CORRECTNESS, ACCURACY, ADEQUACY,
USEFULNESS, TIMELINESS, RELIABILITY OR OTHERWISE.

Links from this Web Site

This Site may contain links to other Web sites. If you decide to access these third-party
Web sites, you do so at your own risk. These third-party Web sites contain information
created, published, maintained, or otherwise posted by organizations independent of
Affinia. We do not endorse, approve, certify, maintain, or control these third-party Web
sites and do not guarantee the accuracy, completeness, efficacy, timeliness, or correct
sequencing of information located at such third-party Web sites. We provide the links only
as a convenience. We have not reviewed all of the sites which are linked to the Site. We
are not responsible for assuring that third-party Web sites are free from computer viruses,
worms, Trojan horses or other destructive devices. We may discontinue our hyperlinks to
any third-party Web sites at any time without notice or obligation to you. Use of any
information obtained from such third-party Web sites is at your own risk, and reliance on
such information should be undertaken only after an independent review of its accuracy,
completeness, efficacy, and timeliness. Neither the inclusion of a link in this Site nor
reference therein to any specific commercial product, process, or service by trade name,
trademarks, service mark, manufacturer, or otherwise constitutes or implies endorsement,
recommendation, or favoring by Affinia.

Links to this Web Site

There may be circumstances where access to this Site is provided by a hypertext link
located at a third-party Web site. We have no responsibility for the content of such thirdparty
Web sites, we do not make any representations or give any warranties or conditions
with respect to any information contained in or at these third-party Web sites and we shall
not be liable for any damages or injuries arising from the content of or access to these
third-party Web sites. We do not endorse the individuals, companies or other similar
entities, or any products or materials associated with such individuals, companies or other
similar entities, which provide a link to this Site.

If you wish to provide a hyperlink from your Web site to this Web site, you may do so only
under the following conditions: (i) any link to our Site must be a text-only link and clearly
marked "Affinia Group Web Site"; (ii) the link must "point" to the URL
http://www.affiniagroup.com/ and not to other pages within our Site; (iii) when selected by
a user, the link must display our Site on full-screen and not within a "frame" on the linking
site; (iv) the appearance, position and other attributes of the link may not imply that you or
any related organizations or entities are endorsed or sponsored by, affiliated with, or
associated with us; (v) the appearance, position and other aspects of the link may not be
such as to damage or dilute the goodwill associated with our names and trademarks; (vi)
the linked site may not contain content that could be construed as distasteful, offensive or
controversial or that is not appropriate for all age, racial, religious and other groups
protected by law; and (vii) we reserve the right to revoke our consent to the link at any
time in our sole discretion and you will remove the link immediately upon our request. By
linking your Web site to ours, you are agreeing to be bound by these terms.

Questions and Comments

We welcome questions, comments and other feedback about this Web Site and about our
products and services. However, please be aware that we will treat all such communications
as non-confidential and may reproduce, use, disclose and distribute them without notice or
obligation to you. We also reserve the right not to review or respond to any such
correspondence, within our sole discretion.

Changes to this Site or these Terms

We may change or discontinue this Web Site, or change any Content, at any time without
prior notice or obligation to you. We may also change these Terms at any time without prior
notice or obligation and your continued use of the Site after such changes have been posted
will constitute your acceptance of the changes.

Limitation of Liability

IN NO EVENT SHALL AFFINIA OR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES,
AGENTS, AFFILIATES OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE, DIRECTLY OR
INDIRECTLY, UNDER ANY THEORY OF LAW, TO YOU OR ANYONE ELSE, FOR ANY CLAIMS,
LOSSES OR DAMAGES, DIRECT, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE
OR CONSEQUENTIAL, INCLUDING, BUT NOT LIMITED TO, BUSINESS INTERRUPTION, LOSS
OF INFORMATION OR DATA, LOSS OF PROFITS, RESULTING FROM OR OCCASIONED BY
YOUR USE OF OR RELIANCE UPON THIS SITE OR THE CONTENT, REGARDLESS OF THE
NATURE OR CAUSE OF ANY SUCH DAMAGES OR LOSSES AND WHETHER OR NOT A CLAIM
THEREOF IS BASED IN CONTRACT, TORT, NEGLIGENCE OR OTHERWISE.

Indemnification

You agree to indemnify, defend and hold harmless Affinia and Affinia’s officers, directors,
employees, contractors, agents, licensors and suppliers, from and against any and all
losses, liabilities, expenses, damages and costs (including, without limitation, reasonable
attorneys’ fees and court costs), made by any third party due to, arising or resulting from
any violation of these Terms or any activity related to use of the Site (including but not
limited to negligent or wrongful conduct), by you, any authorized user, unauthorized user or
any other person accessing the Site using your Internet account or password. If you cause
a technical disruption of the Site or the systems transmitting the Site, you agree to be
responsible for any and all losses, liabilities, expenses, damages and costs, including
reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

Privacy Policy

You acknowledge that you have read the Privacy Policy and agree to be bound by its terms.

 

Governing Law and Venue

These Terms, and your use of the Web Site or Content, will be governed by and construed
in accordance with the laws of the State of Michigan, without regard to conflicts of laws
provisions. Sole and exclusive jurisdiction for any action or proceeding arising out of or
related to these Terms of Use and your use of the Web Site or Content will be an
appropriate state or federal court located in Washtenaw County, Michigan, and if no federal
court exists in Washtenaw County, Michigan, the closest federal court to Washtenaw
County, Michigan. This agreement shall not be governed by the United Nations Convention
on Contracts for the International Sale of Goods, the application of which is expressly
disclaimed. The parties hereto confirm that it is their wish that this agreement as well as
any other documents relating hereto, including notices, has been and shall be written in the
English language.

Violations

We reserve the right to seek all remedies available at law and in equity for violations of
these Terms, including suspension or blocking of your access to this Web Site. Our failure to
enforce any provision of these Terms will not constitute a waiver of such provision or of our
legal or equitable rights. You agree to defend and indemnify us and our directors and
employees from and against any and all damages, claims, liabilities and costs arising
directly or indirectly from your violation of these Terms or your use of this Site. If any
provision or portion of this Agreement is or becomes invalid under any applicable law,
regulation, judgment or order, it will be deemed to be reformed to most nearly effectuating
the intent of the parties as reflected herein and as enforceable under applicable law, and the
rest of this Agreement will remain in full force and effect.

Questions

If you have any questions about the Terms of Use or this Web Site, please contact us:
Affinia Support Services, 1-866-809-7241, assist.us@affiniagroup.com.

PRIVACY POLICY

Important Information About This Web Site

Welcome to the web site for Affinia Group Inc. at www.affiniagroup.com (“Web Site” or
“Site”). We maintain this Site for general promotional, investor relations, public information
and other purposes. The following Privacy Policy applies to your use of this Site. Please
read this Privacy Policy carefully. By using this Web Site, you are agreeing to be bound by
this Privacy Policy. You may not use this Site if you do not agree to the Privacy Policy.
Unless the context indicates otherwise, as used in this Privacy Policy, "Affinia," "us," "we,"
and "our" refer to Affinia Group and affiliates.

 

Information Collection and Use

Affinia is the sole owner of the information collected on our Site. Affinia collects information
at several different points on our Site.

Information may be collected for the purpose of allowing access to the Site, portions of
which may be restricted to authorized users. A user may be requested to provide the user's
name, user’s e-mail address, user's login information, user's employer, organizational
department in which user is employed, user's job title, user's business contact information,
business or organization name and contact information for the business or organization. We
may anonymously track click stream information (for example, internet protocol address,
internet service provider, platform type, date/time stamp, operating system, etc.), http
protocol information (for example, last URL requested, browser type, etc.), online contact
information (for example, email address, etc.), state management mechanisms (for
example, data allowing a user to be tracked consistently), search terms (for example,
search text, etc.) and transactional information (for example, account transactions, etc.).
We encourage users to provide optional information, as applicable, so we can provide a
more personalized experience on our Site. Information may be used to complete the current
transaction, contact users by email, enhance our Site and product offerings, maintain and
secure our Site, understand aggregated interests of users and understand your interests.
We may retain all information for an indeterminate period of time.

Cookies

Our Site uses cookies to enhance our Web Site. A cookie is a piece of data stored on the
user's computer that is tied to information about the user. We may use temporary (or
"session") cookies for Site administration purposes. We also may use persistent cookies to
enable users to store login and preference information and manage their accounts. Session
cookies should terminate once you close your browser. A persistent cookie is a small text
file stored on the user's hard drive for an extended period of time. Persistent cookies may
be removed by following your browser’s help utility directions. You may be able to configure
your browser to alert when cookies can be accepted or denied.

Profiles

Affinia uses Web Site data to create profiles of our users. A profile is stored information that
we may retain on individual users that details users’ viewing preferences. Consequently,
collected information is tied to the user's personally identifiable information so as to assist
us in providing offers and improving the content of the Site for the user. Profiles may be
used to direct pertinent marketing promotions to users.

Communications from the Site

When customers provide us with contact information, we may use such information to
contact the user and deliver sales and product information that may be useful to the user.

 

Sharing Information

In general, we do not provide personal information about our customers to non-affiliated
third parties for their own use (for example, we do not sell email lists). We may provide
information about your use of the Site to your company or organization, in the event that
your company or organization is an Affinia customer.

We may share any information with governmental agencies or other authorities when
compelled to do so by subpoena or court order. We may also share information in
connection with fraud prevention or investigation, or when otherwise permitted or required
by law.

We may use third party service providers, such as web site contractors and fulfillment
companies. Such third parties may have access to some or all of the collected information
and may utilize cookies or other technologies on our behalf. Such third parties may be
contractually restricted from using your information in any manner other than in helping us
to provide you with the products and services available from Affinia.
As we continue to develop our business, we may sell certain portions of our assets. In such
transactions, collected or customer information (including personal information) may
constitute a part of the transferred business assets.

Data Security

Affinia takes reasonable steps to provide physical, technical and administrative security in
our facilities to protect against the loss, misuse, or alteration of personal information.
Correcting/Updating/Deleting/Deactivating Personal Information
If a user wishes to correct or update information or no longer desires our services, such
user may notify us of requested changes by contacting us as described in the Contact
Information section below.

Links and Advertisements

Our Site contains links to other sites. We do not partner with or have special relationships
with any ad server companies. We are not responsible for the privacy practices or the
content of any other web sites. We encourage users to be aware of when they leave our
Site and to read privacy statements posted on other web sites. This Privacy Policy applies
solely to information collected by this Site.

Changes to the Privacy Policy

If we significantly change the Privacy Policy, we will post a notice in a conspicuous place on
our Site notifying visitors of such change(s).

Contact Information

If you have any questions about the Privacy Policy, please contact us: Affinia Support
Services, 1-866-809-7241, assist.us@affiniagroup.com.