Before using this Web site, please read
the Terms of Use set forth below. By using this Web site you agree to
be bound by the Terms of Use. Motive Enthusiast Club LLC and its affiliates
and subsidiaries ("We" or such conjugation thereof as the context
may require) reserve the right to review and revise the Terms of Use
from time to time without prior notice and, by using this site subsequent
to any revision of the Terms of Use, you agree to be bound by such changes.
If you find the Terms of Use to be unacceptable, you must immediately
terminate your use of this Web site. This Web site is made available
for your personal, non-commercial use only. You may not use this Web
site to sell a product or service, or to increase traffic to your Web
site for commercial reasons, such as advertising sales. You may not take
the results from any type of Web search and reformat and display them,
or mirror the Web site home page or results pages on your Web site. If
you want to make commercial use of the Web site, you must enter into
an agreement with the Motive Enthusiast Club LLC Site to do so in advance.
Please contact us for more information.
1. No Representations Or Warranties
The services provided on this Web site and the content, information,
documents, graphics and images published at this Web site could include
inaccuracies, typographical errors or other errors. We make no commitment,
however, to update what is contained in this Web site. Furthermore,
we reserve the right to temporarily, or permanently, modify, alter,
discontinue or delete the same without prior notice. Consequently,
TO THE EXTENT PERMITTED BY LAW, THE SERVICES AND INFORMATION ON THIS
WEB SITE ARE PROVIDED "AS IS," AND WITHOUT WARRANTY, AND
ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, ARE HEREBY DISCLAIMED,
AND YOU HEREBY WAIVE ALL SUCH WARRANTIES.
Users of this Web site should not rely upon opinions expressed at
this Web site when making business, financial, personal or other decisions.
Furthermore, we do not endorse the opinions of third parties expressed
on this Web site or on linked Web sites.
2. User Warnings/User Conduct
We make certain services available, including without limitation,
e-mail, chat rooms, message boards and other community services; provided
that you agree to abide by the terms and conditions contained in these
Terms of Use. Without limiting the generality of the foregoing, in
consideration for our providing such services, you also agree not to:
- Violate any applicable law, regulation or rule;
- Harass, offend, threaten, embarrass, distress or invade the privacy
of any individual or entity;
- Post or transmit any commercial, advertising or promotional materials,
including without limitation, "spam" or mass distributions;
- Provide false information on your registration form or impersonate
another person at any point;
- Post or transmit false, inappropriate, improper, disorderly or
excessive messages or information.
- Post any material that infringes upon any third party's copyright,
trademark, patent or other intellectual property right.
If you violate such terms, we may, without prior notice and without
liability to you, ban you from any and all services, terminate your
registration, delete your messages or postings, and take any other
action we deem appropriate in our sole discretion. With reference to
any services we provide, you acknowledge that we may, from time to
time, without notice to you and at our sole discretion, establish various
practices, limitations and restrictions for administering such services,
including without limitation: how often a service or account may be
accessed; the maximum number of days that messages or postings will
be retained; the maximum number of messages or postings allowed; the
size and nature of messages and postings; the maximum storage space
available for an account; and all other matters related to administration
of services, and you agree to be bound by such practices. You agree
that we are not responsible or liable for deactivation or deletion
of accounts or for loss of e-mails, communications, postings, data
or information as a result of, or arising out of, our administration
of such services.
We assume no responsibility for the accuracy, integrity, quality completeness,
usefulness or value of any content, data, documents, graphics, images,
information, advice, or opinion contained in any e-mails, message boards,
chat rooms or community services, or in any other public services,
and do not endorse any advice or opinion contained therein. We do not
monitor or control such services, although we reserve the right to
do so. We may take any action we deem appropriate, in our sole discretion,
to maintain the high quality of our service and to protect ourselves
and others.
3. Web Site Links And Third-Party Sites
This Web site may contain links to other Web sites which are independent
of this Web site. We make no representation or warranty as to the accuracy,
value, integrity, completeness or authenticity of the information or
opinions contained in any such linked Web site, and any link to another
Web site shall not in any manner be construed as an endorsement by
us of that Web site, or of the products or services described therein.
Furthermore, these links may lead to sites or links that contain offensive
and objectionable content or which may contain dangerous computer viruses.
You assume, and we hereby disclaim, all responsibility for any of the
content on these sites or for any damage sustained by users of these
sites.
4. Confidentiality
Your confidential use of this site cannot be guaranteed by us. We
shall not be responsible for any harm that you or any person may suffer
as a result of a breach of confidentiality in respect to your use of
this site.
5. Security
You may have an account and password. You are responsible for maintaining
the confidentiality of your password and account information and are
fully responsible for all conduct carried out under this password and
account. We are not liable for any loss of confidentiality or for any
damages arising from your failure to comply with these terms. You will
promptly report any unauthorized use of your password to us.
6. Limitation of Damages
IN NO EVENT WILL WE, OUR OFFICERS, EMPLOYEES, CONTRACTORS, SUBCONTRACTORS,
SUPPLIERS, AGENTS, AFFILIATES, SUBSIDIARIES, SUCCESSORS OR ASSIGNS
BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL,
SPECIAL OR OTHER INDIRECT (INCLUDING WITHOUT LIMITATION, COST OF COVER)
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT OR ANY SERVICES,
CONTENT OR OTHER MATERIALS PROVIDED OR AVAILABLE HEREUNDER, OR USE
OF ANY OTHER LINKS OR LINKED WEB SITE, EVEN IF WE ARE EXPRESSLY ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF WHETHER SUCH
DAMAGES AROSE IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY
OR OTHER LEGAL BASIS. THE TERM "DAMAGES" INCLUDES, WITHOUT
LIMITATION, ATTORNEY FEES, ANY LOST PROFITS, BUSINESS INTERRUPTION
AND LOSS OF PROGRAMS OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM.
YOU ACKNOWLEDGE THAT THE ECONOMIC TERMS OF OUR AGREEMENT REFLECT THE
FOREGOING ALLOCATION OF RISK AND SUCH ALLOCATION OF RISK IS A SIGNIFICANT
INDUCEMENT FOR US TO PROVIDE THE SERVICES, WEB SITE AND OTHER CONTENT
AND MATERIALS.
7. Ownership
All contents of this website are Copyright © 2003 Motive Enthusiast
Club LLC, Inc. All rights reserved. All other rights, title and interest
(including all other copyrights, trademarks and other intellectual
property rights) in this Web site and all names, terms, logos, slogans,
images and other indicia identifying Motive Enthusiast Club LLC’s
products or services are proprietary marks belonging to Motive Enthusiast
Club LLC. The names of companies and products not owned by Motive Enthusiast
Club LLC and mentioned herein may be the trademarks of their respective
owners. Any use of the copyrighted contents or the trademarks belonging
to Motive Enthusiast Club LLC without the express written permission
of Motive Enthusiast Club LLC is strictly prohibited.
8. License
Nothing contained in this Web site shall be construed as conferring
any license or right, expressly, by implication, by estoppel or otherwise,
under any of our intellectual property rights, or under any third party's
intellectual property rights, and no part of this Web site may be reproduced,
republished, copied, transmitted, or distributed in any form or by
any means.
9. Claims of Copyright Infringement
Motive Enthusiast Club LLC respects the intellectual property of others
and may, in appropriate circumstances and at its discretion, terminate
the accounts of users who infringe the intellectual property rights
of others. If you believe that any material on this Web site infringes
on any copyright which you own or control, or that any link on this
Web site directs you to another Web site that contains material that
infringes on any copyright which you own or control, you may file a
notification of such infringement with our designated agent to have
the material removed or otherwise blocked from access.
10. Indemnification
YOU AGREE TO HOLD HARMLESS, DEFEND AND INDEMNIFY US, OUR OFFICERS,
DIRECTORS, EMPLOYEES, SUBSIDIARIES, CONTRACTORS, SUBCONTRACTORS, SUPPLIERS,
AGENTS, PARTNERS AND AFFILIATES, SUCCESSORS AND ASSIGNS FROM ALL LIABILITIES,
CLAIMS, DEMANDS AND EXPENSES, INCLUDING REASONABLE ATTORNEYS' FEES,
THAT ARE DUE TO, OR THAT ARISE FROM YOUR USE OR MISUSE OF THIS SITE,
ANY SERVICES THEREIN, OR FOR INFRINGEMENT BY YOU OR OTHERS OF INTELLECTUAL
PROPERTY RIGHTS OR OTHER RIGHT OF ANY THIRD PARTY. WE MAY ASSUME EXCLUSIVE
CONTROL OF ANY DEFENSE OR ANY MATTER SUBJECT TO INDEMNIFICATION BY
YOU, AND YOU AGREE TO COOPERATE WITH US IN SUCH EVENT.
11. Governing Laws in Case of Dispute
THESE TERMS OF USE SHALL BE GOVERNED BY AND CONSTRUED IN ACCORDANCE
WITH THE LAWS OF THE STATE OF WASHINGTON, USA, AS THEY APPLY TO AGREEMENTS
MADE AND SOLELY PERFORMED THEREIN. YOU IRREVOCABLY CONSENT AND WAIVE
ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL
COURTS LOCATED IN KING COUNTY, WASHINGTON, USA, AND YOU SHALL NOT COMMENCE
OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.
12. International Use
We do not represent that all content, materials and services on our
Web site are appropriate or available for use in all geographic locations,
especially some locations outside the United States, and accessing
such from certain locations may be illegal and prohibited. Those who
do access content, materials and services from such locations act on
their own initiative and we are not responsible for their compliance
with local laws or other applicable laws. You will not access the foregoing
where prohibited by law.
13. Integration; Severability; General
These Terms of Use incorporate by reference any notices contained
on this Web site and constitute the entire agreement with respect to
your access to and use of this Web site. We may modify these Terms
of Use at any time by posting revised Terms of Use on our Web site
and your continuing use of such Web site and the services constitutes
your agreement to be bound by such modified Terms of Use. Any provision
of these Terms of Use which is determined by a court of competent jurisdiction
to be unenforceable in any jurisdiction shall be severable from these
Terms of Use in that jurisdiction without in any way invalidating the
remaining provisions of these Terms of Use. The unenforceability of
any provision in a given jurisdiction shall not make that provision
unenforceable in any other jurisdiction. |
