AGREEMENT BETWEEN USER AND Tom Roush Auto Group
The Web Site is comprised of various Web pages operated by Tom Roush Auto Group.
The Tom Roush Auto Group Web Site is offered to you conditioned on your
acceptance without modification of the terms, conditions, and notices
contained herein. Your use of the Tom Roush Auto Group Web Site constitutes
your agreement to all such terms, conditions, and notices.
MODIFICATION OF THESE TERMS OF USE
Tom Roush Auto Group reserves the right to change the terms, conditions, and notices
under which the Tom Roush Auto Group Web Site is offered, including but not
limited to the charges associated with the use of the Tom Roush Auto Group
Web Site.
LINKS TO THIRD PARTY SITES
The Tom Roush Auto Group Web
Site may contain links to other Web Sites ("Linked Sites"). The Linked
Sites are not under the control of Tom Roush Auto Group 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. Tom Roush Auto Group is not responsible for web
casting or any other form of transmission received from any Linked
Site. Tom Roush Auto Group is providing these links to you only as a
convenience, and the inclusion of any link does not imply endorsement
by Tom Roush Auto Group of the site or any association with its operators.
NO UNLAWFUL OR PROHIBITED USE
As
a condition of your use of the Tom Roush Auto Group Web Site, you warrant to
Tom Roush Auto Group that you will not use the Tom Roush Auto Group Web Site for
any purpose that is unlawful or prohibited by these terms, conditions,
and notices. You may not use the Tom Roush Auto Group Web Site in any manner
which could damage, disable, overburden, or impair the Tom Roush Auto Group
Web Site or interfere with any other party's use and enjoyment of the
Tom Roush Auto Group Web 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 Tom Roush Auto Group Web Sites.
USE OF COMMUNICATION SERVICES
The
Tom Roush Auto Group Web 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.
Tom Roush Auto Group has no obligation to monitor the Communication Services. However,
Tom Roush Auto Group reserves the right to review materials posted to a
Communication Service and to remove any materials in its sole
discretion. Tom Roush Auto Group reserves the right to terminate your access
to any or all of the Communication Services at any time without notice
for any reason whatsoever.
Tom Roush Auto Group 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 Tom Roush Auto Group's sole discretion.
Always
use caution when giving out any personally identifying information
about yourself or your children in any Communication Service. Tom Roush Auto Group does not control or endorse the content, messages or information
found in any Communication Service and, therefore, Tom Roush Auto Group
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 Tom Roush Auto Group spokespersons, and their views do not necessarily reflect those
of Tom Roush Auto Group.
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 download the materials.
MATERIALS PROVIDED TO Tom Roush Auto Group
OR POSTED AT ANY Tom Roush Auto Group WEB SITE
Tom Roush Auto Group does not claim
ownership of the materials you provide to Tom Roush Auto Group (including
feedback and suggestions) or post, upload, input or submit to any
Tom Roush Auto Group Web Site or its associated services (collectively
"Submissions"). However, by posting, uploading, inputting, providing or
submitting your Submission you are granting Tom Roush Auto Group, its
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 you
Submission, as provided herein.
Tom Roush Auto Group is under no obligation to post or use any Submission you
may provide and may remove any Submission at any time in Tom Roush Auto Group'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.
LIABILITY DISCLAIMER
THE INFORMATION, SOFTWARE,
PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE Tom Roush Auto Group WEB SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS.
CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. Tom Roush Auto Group AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE
Tom Roush Auto Group WEB SITE AT ANY TIME. ADVICE RECEIVED VIA THE Tom Roush Auto Group WEB SITE SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL
OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE
PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.
Tom Roush Auto Group 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 Tom Roush Auto Group WEB 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. Tom Roush Auto Group 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 NON-INFRINGEMENT.
TO
THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
Tom Roush Auto Group 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 Tom Roush Auto Group WEB SITE, WITH THE DELAY OR INABILITY
TO USE THE Tom Roush Auto Group WEB 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 Tom Roush Auto Group WEB SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE Tom Roush Auto Group WEB SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT
LIABILITY OR OTHERWISE, EVEN IF Tom Roush Auto Group 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
Tom Roush Auto Group WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE
AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE Tom Roush Auto Group WEB
SITE.
TERMINATION/ACCESS RESTRICTION
Tom Roush Auto Group reserves
the right, in its sole discretion, to terminate your access to the
Tom Roush Auto Group Web Site and the related services or any portion thereof
at any time, without notice. GENERAL To the maximum extent permitted by
law, this agreement is governed by the laws of the State of Washington,
U.S.A. and you hereby consent to the exclusive jurisdiction and venue
of courts in King County, Washington, U.S.A. in all disputes arising
out of or relating to the use of the Tom Roush Auto Group Web Site. Use of
the Tom Roush Auto Group Web Site is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and conditions,
including without limitation this paragraph. You agree that no joint
venture, partnership, employment, or agency relationship exists between
you and Tom Roush Auto Group as a result of this agreement or use of the
Tom Roush Auto Group Web Site. Tom Roush Auto Group's performance of this agreement
is subject to existing laws and legal process, and nothing contained in
this agreement is in derogation of Tom Roush Auto Group's right to comply
with governmental, court and law enforcement requests or requirements
relating to your use of the Tom Roush Auto Group Web Site or information
provided to or gathered by Tom Roush Auto Group 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 Tom Roush Auto Group with respect
to the Tom Roush Auto Group Web Site and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral
or written, between the user and Tom Roush Auto Group with respect to the
Tom Roush Auto Group Web 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 an d 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 drawn up in English.
COPYRIGHT AND TRADEMARK NOTICES:
All contents of the Tom Roush Auto Group Web Site are: Copyright 2010 Tom Roush Auto Group and/or its suppliers. All rights reserved.
TRADEMARKS
The names of actual companies and products mentioned herein may be the trademarks of their respective owners.
The
example companies, organizations, products, people and events depicted
herein are fictitious. No association with any real company,
organization, product, person, or event is intended or should be
inferred. Any rights not expressly granted herein are reserved.
NOTICES AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT
Pursuant
to Title 17, United States Code, Section 512(c)(2), notifications of
claimed copyright infringement under United States copyright law should
be sent to Service Provider's Designated Agent. ALL INQUIRIES NOT
RELEVANT TO THE FOLLOWING PROCEDURE WILL RECEIVE NO RESPONSE. See
Notice and Procedure for Making Claims of Copyright Infringement.
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