|
USER AGREEMENT
This User Agreement (this "Agreement") is a legal agreement between
you and Berkley Enterprises. ("Berkley," "we" or
"our") providing, among other things, the terms and conditions for
your use of the Dealer Advocate web sites, (collectively, the "Service").
Click
here for a list of Dealer Advocate Web sites that are governed by this User
Agreement.
Please read this Agreement carefully. By using the Service you agree to abide
by all of the terms of this Agreement. If you do not agree to, or cannot comply
with this Agreement, please do not use the Service. We may, from time to time,
change this Agreement. We will post a copy of the changed Agreement on the
Service. Your continued use of the Service constitutes your agreement to abide
by this Agreement as changed. Any breach of this Agreement may result in
termination of your access to the Service, without notice, in addition to the
other remedies available to Berkley.
Ownership
All of the information, content, services and software displayed on,
transmitted through, or used in connection with the Service, including, for
example, news articles, opinions, reviews, text, photographs, images,
illustrations, audio clips, video, html, source and object code, software, data,
and the like (collectively, the "Content"), as well as its selection
and arrangement, is owned by Berkley and its affiliates, licensors or suppliers
(excluding any "User Content," as defined below, which may be owned by
others). The Service is protected by copyright, trademark and other intellectual
property laws of the United States of America and applicable international
intellectual property laws.
Use Of The Service
You may use the Content online only, and solely for your personal,
non-commercial use and you may download or print a single copy of any portion of
the Content solely for your personal, non-commercial use, provided you do not
remove any trademark, copyright or other notice from such Content. However,
Berkley does not represent or warrant that use of any Content will not infringe
rights of third parties. If you operate a Web site and wish to link to the
Service, you may do so provided you agree to remove such link immediately upon
our request. The permitted use described in this paragraph is contingent upon
your compliance at all times with this Agreement. No other use is permitted
without our prior written authorization. Further, you agree not to decompile,
reverse engineer or disassemble any software or other products or processes
accessible through the Service in any way that affects a user's experience, and
not to use any data mining, data gathering or extraction methods.
Requests to use Content for any purposes other than as permitted in this
Agreement should be directed to john@dealeradvocate.com.
In certain cases, you may be able to obtain a license to use individual images that appear on the Service
(e.g., to e-mail an image to a friend or associate or to purchase the rights to
reproduce an image for other use). In such cases, we will provide the license
information or a link on the Content itself. If you do not see such license
information or link, you should assume you do not have permission to use the
Content.
Protecting Copyrights And Other Intellectual Property
We respect the intellectual property of others, and require that our users do
the same. You may not upload, embed, post, e-mail, transmit or otherwise make
available any material that infringes any copyright, patent, trademark, trade
secret or other proprietary rights of any person or entity.
If you are a copyright owner or an agent thereof and believe that any User
Content or other Content infringes upon your copyrights, you may submit a
notification pursuant to the Digital Millennium Copyright Act ("DMCA")
by providing our Copyright Agent with the following information in writing (see
17 U.S.C § 512(c)(3) for further detail): (a) identification of the copyrighted
work claimed to have been infringed, or, if multiple copyrighted works are
covered by a single notification, a representative list of such works; (b)
identification of the claimed infringing material and information reasonably
sufficient to permit us to locate the material on the Service; (c) information
reasonably sufficient to permit us to contact you, such as an address, telephone
number, and, if available, an e-mail address; (d) a statement by you that you
have a good faith belief that the disputed use is not authorized by the
copyright owner, its agent, or the law; (e) a statement by you, made under
penalty of perjury, that the above information in your notification is accurate
and that you are the copyright owner or authorized to act on the copyright
owner's behalf; and (f) your physical or electronic signature. Our Copyright
Agent for notification of claimed infringement can be reached as follows:
91 Berkley Place
Collinsville, VA 24078
Tel: 781-982-1319
E-mail: john@dealeradvocate.com
User Content
Any comments, posts, feedback, notes, messages, images, audio, materials,
ideas, suggestions or other communications you submit on or through the Service
(collectively "User Content") are not private. By submitting User
Content on or through the Service, you grant Berkley and its affiliates an
irrevocable, royalty-free, worldwide, perpetual right and license to use, copy,
modify, display, archive, store, distribute, reproduce and create derivative
works based upon such User Content, in any form, media, software or technology
of any kind now existing or developed in the future. By submitting such User
Content on or through the Service, you are confirming that (a) you are the sole
author of the User Content and the User Content is original with you and not
copied in whole or in part from any other work; (b) you have obtained all
necessary permissions associated with the User Content, including without
limitation permissions relating to copyrights, trademarks, rights of publicity
and/or rights of privacy; and (c) the User Content is not libelous, obscene or
otherwise in violation of this Agreement. By submitting any such User Content on
or through the Service, you grant Berkley and its affiliates permission to use
your name and any other information (as provided by you) to attribute such User
Content to you. Without limiting the generality of the previous sentence, and
subject to our Privacy Policy,
you authorize Berkley and its affiliates to share the User Content across all
affiliated Web sites, and to use your name and any other information in
connection with its use of such User Content. You also grant Berkley and its
affiliates the right to use any material, information, ideas, concepts, know-how
or techniques contained in such User Content for any purpose whatsoever,
including but not limited to developing, manufacturing and marketing products
using or inspired by such User Content. We are not responsible for the
similarity of any of our Content or programming in any media to User Content
submitted by you. All rights granted in this section are granted without the
need for additional compensation of any sort to you.
Interactive Areas Of The Service
The bulletin boards, chat rooms, community calendars, and other interactive
areas of the Service are provided to users as interesting and stimulating forums
to express their opinions and share ideas and information. We expect people to
differ—judgment and opinion are subjective—and we encourage free speech and
the exchange of ideas. But, by using these areas of the Service, you are
participating in a community that is intended for all of our users.
Therefore, we reserve the right, but undertake no duty, to review, edit,
move, or delete any User Content provided for display or placed on the Service,
at our sole and absolute discretion, without notice to the person who submitted
such User Content.
You may be held liable for any illegal or prohibited User Content made
accessible on or through the Service or to other users, including, for example,
infringing, defamatory, or offensive materials. So that the Service is available
for all users to enjoy, you may not, and hereby represent and warrant that you
will not, post, transmit, e-mail or otherwise make accessible on or through the
Service any User Content that:
- Is unlawful, harmful, threatening, tortious, defamatory, libelous,
abusive, disparaging, pedophilic, pornographic, obscene, invasive of
another's privacy, hateful, or malicious;
- Contains hate propaganda or promotes discrimination or violence against
any people on account of their race, national origin, religion, age, gender,
disability, or sexual orientation;
- Is or could be harmful to minors;
- Harasses or advocates harassment of another person;
- Involves the transmission of "junk mail," "chain
letters," or unsolicited mass mailing or "spamming";
- Promotes information that you know is false, misleading, or promotes
illegal activities or conduct;
- Is or promotes an illegal or unauthorized copy of another person's work,
such as providing pirated computer programs or links to them, or providing
information to circumvent manufacture-installed copy-protect devices;
- Infringes any patent, copyright, trademark, service mark, trade secret, or
other proprietary right of any other party;
- Contains restricted password only access pages, or hidden pages or images
(those not linked to or from another accessible page);
- Provides material that exploits people under the age of 18 in a sexual or
violent manner, or solicits personal information from anyone under 18;
- Provides instructional information about illegal activities such as making
or buying illegal weapons, or providing or creating computer viruses;
- Contains a software virus or any other code files or programs that are
designed to or have the ability to interrupt, destroy, compromise, or
otherwise limit the functionality of any computer software or hardware or
telecommunications equipment whether owned by Berkley or any other party;
- Solicits passwords, or personal identifying information for commercial or
unlawful purposes from other users; or
- Otherwise violates any local, state, national or other applicable law or
regulation.
In addition, you may not, in connection with your use of the Service:
- Impersonate any person or entity or falsely misrepresent your affiliation
with any other person or entity;
- Forge headers or otherwise manipulate identifiers for the purpose of
disguising the origin of any User Content posted or transmitted on or
through the Service;
- Engage in commercial activities and/or sales without our prior written
consent including, without limitation, contests, sweepstakes, barter, or
advertising;
- Post or transmit any Content that you do not have the right to post or
transmit;
- Post or submit unsolicited commercial e-mail, chain letters, pyramid
schemes, or seek or encourage others to engage in these activities;
- Disrupt the ordinary flow and operation of any portion of the Service,
including causing a screen to scroll faster than another user may be able to
type in a chat room or bulletin board environment;
- Interfere with or disrupt the Service or any server or network involved
with the operation of the Service;
- Stalk or harass any other person; or
- Collect or "harvest" from the Service the names of other users
for the purpose of transmitting to those other users unsolicited commercial
messages.
If you discover this kind of material or activity on the Service, please
notify us at john@dealeradvocate.com. We do not
support, endorse nor tolerate any of the foregoing material or activity.
Given the nature of the Service and the volume of User Content we receive, we
cannot and do not monitor all User Content or other materials posted or
transmitted by users and third-party information providers. To protect your
safety, please use your best judgment when using interactive areas of the
Service. We particularly discourage divulging personal information when you
participate in interactive areas of the Service. You do so at your own risk.
We do not necessarily endorse, support, sanction, encourage, verify, or agree
with statements posted on the interactive areas of the Service. Any such
statements are the views and responsibility of those who posted them, and do not
necessarily represent our views. You agree that we are not responsible, and
shall have no liability to you whatsoever, with respect to any such statements.
Third-Party Links; Search Results
The Service may provide links to or automatically produce search results for
third-party Web sites or resources or third-party information referencing or
linking to third-party Web sites or resources. We have no control over such
third-party Web sites and resources, and you acknowledge and agree that we are
not responsible for the content or information contained therein. We cannot and
do not guarantee, represent or warrant that the content or information contained
in such third-party Web sites and resources is accurate, legal, noninfringing or
inoffensive. We do not endorse the content or information of any third-party Web
site or resource and, further, we do not warrant that such Web sites or
resources will not contain viruses or other malicious code or will not otherwise
affect your computer. By using the Service to search for or link to a
third-party Web site, you agree and understand that we shall not be responsible
or liable, directly or indirectly, for any damages or losses caused or alleged
to be caused by or in connection with your use of, or reliance on, the Service
to obtain search results or to link to a third-party Web site. However, if you
have a problem with a link from the Service, please let us know at john@dealeradvocate.com.
Disclaimer of Warranty; Limitation of Liability
Although we try to provide accurate information on the Service, the materials
may contain inaccuracies, errors and typographical errors. Berkley and its
affiliates do not warrant the accuracy or completeness of the Content contained
on the Service. We may make changes to the Content at any time without notice
and make no commitment to update the Content.
YOU ACKNOWLEDGE THAT YOU ARE USING THE SERVICE AT YOUR OWN RISK. THE SERVICE,
THE CONTENT AVAILABLE ON OR THROUGH THE SERVICE, AND THE SOFTWARE MADE AVAILABLE
ON OR THROUGH THE SERVICE, IF ANY, ARE PROVIDED "AS IS" WITHOUT ANY
REPRESENTATION OR WARRANTY OF ANY KIND, AND BERKLEY AND ITS AFFILIATES HEREBY
EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESSED AND IMPLIED, INCLUDING BUT
NOT LIMITED TO ANY WARRANTIES OF ACCURACY, RELIABILITY, TITLE, MERCHANTABILITY,
NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE OR ANY OTHER WARRANTY,
CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN
ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF
ANY CONTENT CONTAINED THEREIN OR PROVIDED BY THE SERVICE. BERKLEY AND ITS
AFFILIATES DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE
UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF
TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON THE SERVICE.
BERKLEY AND ITS AFFILIATES ARE NOT RESPONSIBLE OR LIABLE FOR USER CONTENT OR
OTHER CONTENT POSTED BY THIRD PARTIES, ACTIONS OF ANY THIRD-PARTY, OR FOR ANY
DAMAGE TO YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BERKLEY AND ITS AFFILIATES,
SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS OR EMPLOYEES
SHALL NOT BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY INDIRECT, GENERAL,
INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES, INCLUDING BUT
NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER
INTANGIBLE LOSSES (EVEN IF BERKLEY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU.
Indemnification
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS, BERKLEY AND ITS AFFILIATES,
SUBSIDIARIES, SERVICE PROVIDERS, LICENSORS, OFFICERS, DIRECTORS AND EMPLOYEES,
FROM ANY AND ALL CLAIMS (INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR DEFAMATION,
TRADE DISPARAGEMENT, PRIVACY AND INTELLECTUAL PROPERTY INFRINGEMENT) AND DAMAGES
(INCLUDING ATTORNEYS' FEES AND COURT COSTS) ARISING FROM OR RELATING TO ANY
ALLEGATIONS REGARDING: (1) YOUR USE OF THE SERVICE; (2) BERKLEY OR ITS
AFFILIATES' USE OF ANY USER CONTENT OR INFORMATION PROVIDED BY YOU; (3) USER
CONTENT OR INFORMATION POSTED OR TRANSMITTED THROUGH YOUR MEMBERSHIP ACCOUNT,
EVEN IF NOT POSTED BY YOU; AND (4) ANY VIOLATION OF THIS AGREEMENT BY YOU.
Termination
We reserve the right, at our sole discretion, immediately and without notice,
to suspend or terminate this Agreement, your registration for any program
offered on the Service, your ability to access the Service, and to remove any
User Content, for any reason, including without limitation any breach by you of
this Agreement or conduct by you that we determine to be inappropriate. You
agree that Berkley and its affiliates shall not be liable to you or any
third-party for any suspension or termination pursuant to this provision.
Assignment
Berkley may at any time transfer its rights and obligations under this
Agreement to any affiliate, subsidiary or business unit, or any of their
affiliates, or to any entity that acquires BErkley or any of its assets.
Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws
of the State of Virginia, without regard to its conflict of laws provisions. You
agree to submit to personal and exclusive jurisdiction by and venue in the state
and federal courts located in Henry County, Virginia.
The Service is controlled, operated and administered by Berkley from within
the United States. We make no representation or warranty that the Content
available on the Service is appropriate or available for use at other locations
outside of the United States. If you use the Service in a jurisdiction that
prohibits or restricts the use of the Service, you agree that your use of the
Service will be at your own risk, without limitation of any other provision of
this Agreement, and that Berkley and its affiliates shall not have any liability
with respect to such use. Software from this Service may be subject to United
States export controls. You may not use the Service or export software from this
Service in violation of United States export laws and regulations.
Entire Agreement; Miscellaneous Provisions
This Agreement is the complete and entire agreement between you and Berkley and supersedes any prior agreement, whether written or oral. If for any reason
any provision of this Agreement is found to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent
of the parties as reflected in that provision, and the remainder of this
Agreement shall continue in full force and effect. Any failure of Berkley to
enforce or exercise any provision of this Agreement or related right shall not
constitute a waiver, at the time or in the future, of that right or provision or
any other right or provision. The section titles used in this Agreement are for
convenience only and have no legal or contractual effect.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND WILL BE
BOUND BY ITS TERMS AND CONDITIONS.
|