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1. General.
1.1 This
Agreement governs your use of the car2web.com web site
(the "Site"), including the discussion areas (the "Forums"),
which is operated by Car2web.com.
1.2 Car2web.com reserves the right, in
its discretion, to change or modify all or any part of
this Agreement at any time, effective immediately upon
notice published on the Site. Your continued use of the
Site constitutes your binding acceptance of these terms
and conditions, including any changes or modifications
made by Car2web.com as permitted above. If at any time
the terms and conditions of this Agreement are no longer
acceptable to you, you should immediately cease use of
the Site.
2. Use of Content.
2.1 You
acknowledge that the Site contains information, software,
graphics, links and other material (collectively, the
"Content") that are protected by copyright,
trademark or other proprietary rights of Car2web.com or
third parties. All Content on the Site is copyrighted
as a collective work of Car2web.com pursuant to applicable
copyright law. You agree to comply with any additional
copyright notices, information, or restrictions contained
in any Content available on or accessed through the Site.
Users of the Site may use the Content only for their personal,
noncommercial use.
2.2 You may not modify, publish, transmit,
transfer or sell, reproduce, create derivative works from,
distribute, perform, display, or in any way exploit any
of the Content, in whole or in part, except as otherwise
expressly permitted in this Agreement. Content consisting
of downloadable software may not be reverse engineered
unless specifically authorized by the owner of the software's
patent and or copyright. Subject to the provisions of
this Agreement, you may post on the Site any Content owned
by you (such as your original statements), Content for
which you have received express permission from the owner,
and Content in the public domain. You assume all right
and responsibility for determining whether any Content
is in the public domain. You grant to Car2web.com the
right to edit, copy, publish, distribute, translate and
otherwise use in any medium and for any purpose any Content
that you place on the Site without compensation to you.
You represent and warrant that you are authorized to grant
all rights set forth in the preceding sentence.
2.3 You may download or copy the Content
only for your own personal use, provided that you maintain
and include all copyright and other notices contained
in such Content. You shall not store electronically any
significant portion of any Content. Except as expressly
permitted by the copyright laws, no copying, storage,
redistribution or publication of any Content is permitted
without the express permission of Car2web.com or the owners
of such Content or their authorized persons if other than
Car2web.com. You may download from the Site any Content
in the public domain for your own, personal use or for
noncommercial distribution.
3. Rules
of Conduct. You
shall not post on the Car2web.com site any Content which
(a) is libelous, defamatory, obscene, pornographic, abusive,
harassing or threatening, (b) contains viruses or other
contaminating or destructive features, (c) violates the
rights of others, such as Content which infringes any
copyright, trademark, patent, trade secret or violates
any right of privacy or publicity, or (d) otherwise violates
any applicable law or reputation. You may not post on
the Car2web.com site any links to any external Internet
sites that are obscene or pornographic. You shall not
use the Site for any commercial purpose, to distribute
any advertising or solicitation of funds or goods and
services or to solicit users to join competitive online
services. 4.
Managing Content. Car2web.com
does not and cannot review the Content posted by users
on the Car2web.com site and is not responsible for such
Content. However, Car2web.com reserves the right to delete,
move or edit any Content (including Content posted in
any Car2web.com site) that it may determine, in its sole
discretion, violates or may violate this Agreement or
is otherwise unacceptable. You shall remain solely responsible
for all Content posted by you. Car2web.com shall have
the right but not the obligation, to correct any errors
or omissions in any Content, as it may determine in its
sole discretion.
5.
No Endorsement.
5.1
Car2web.com does not represent or endorse the accuracy
or reliability of any Content posted on any advertisements
and you acknowledge that any reliance upon such Content
shall be at your sole risk. Any Content placed on any
Car2web.com pages by users are the views of the user
posting the statement, and do not represent the views
of Car2web.com or our advertisers or sponsors.
5.2
The Site may contain links to sites on the Internet
which are owned and operated by third parties (the "External
Sites"). You acknowledge that Car2web.com is not
responsible for the availability of, or the content
located on or through any External Site.
6. Indemnity.
You agree to indemnify,
defend and hold Car2web.com and its affiliates, and
their respective officers, directors, owners, agents,
information providers and licensors (collectively, the
"Car2web.com Parties") harmless from and against
any and all claims, liability, losses, costs and expenses
(including attorneys' fees) incurred by any Car2web.com
Party in connection with any use or alleged use of the
service under your user name by any person, whether
or not authorized by you. Car2web.com reserves the right,
at your expense, to assume the exclusive defense and
control of any matter otherwise subject to indemnification
by you, and in such case, you agree to cooperate with
Car2web.com's defense of such claim.
7. Termination
of Site.
Car2web.com reserves the
right, in its sole discretion, to restrict, suspend
or terminate your access to all or any part of the Site,
including the Forums, at any time for any reason without
prior notice or liability. Car2web.com may change, suspend
or discontinue all or any aspect of the Site at any
time, including the availability of any feature, database,
or Content (including the advertisements), without prior
notice or liability.
8. Disclaimer
of warranties; Limitation of liability.
8.1
Neither Car2web.com nor any provider of third party
content or their respective agents warrants that the
Service will be uninterrupted or error free; nor does
Car2web.com, any third party content provider, or their
respective agents make any warranty as to the results
to be obtained from use of the Service or the Content.
The Service and the Content are distributed on an "as
is, as available" basis. Neither Car2web.com, third
party content providers, nor their respective agents
make any warranties of any kind, either express or implied
including without limitation, warranties of title or
implied warranties of merchantability or fitness for
a particular purpose, with respect to the Service, any
content or any products or services sold through the
service. Neither Car2web.com nor any third party content
provider warrants that any files available for downloading
through the Service will be free of viruses or similar
contamination or destructive features. You expressly
agree that the entire risk as to the quality and performance
of the service and the accuracy or completeness of the
content is assumed solely by you.
8.2
Neither Car2web.com, any third party content provider
nor their agents shall be liable for any act, direct
or indirect, incidental, special or consequential damages
arising out of the use of or inability to use the service,
even if such party has been advised of the possibility
of such damages.
8.3
Some states, provinces or countries do not allow exclusion
of implied warranties or limitation of liability for
incidental or consequential damages, so the above limitations
or exclusions may not apply to you. in such states,
the liability of Car2web.com, third party content providers
and their respective agents shall be limited to the
greatest extent permitted by law.
9. Miscellaneous.
9.1
This Agreement shall be construed in accordance with
the laws of the state of Oregon, and the parties irrevocably
consent to bring any action to enforce this Agreement
in the federal or provincial courts located in Portland,
Oregon. This Agreement constitutes the entire agreement
between the parties with respect to the subject matter
hereof, and supersedes all previous written or oral
agreements between the parties with respect to such
subject matter. All provisions hereof shall survive
any termination of this Agreement as well as any other
revisions which by their terms or sense are intended
to survive.
9.2 Car2web.com is an independent publication
not affiliated with any third party.
9.3 Car2web.com
does not provide refunds in whole or part in any circumstances.
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