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Terms and Conditions

Introduction

Welcome to carpreview.com, which is owned and operated by carpreview.com. Please review the following terms and conditions concerning your use of this website. By accessing, using or downloading any materials or information provided on the website, you understand and agree to be bound by these terms and conditions (collectively, the “Terms”), along with the our Privacy Policy (please refer to the Privacy Policy section below for more information). If you do not agree with these Terms, you may not use this website. We may amend these Terms at any time by posting the amended terms and conditions on the website. Your continued use of this site after such modifications will be deemed to be your irrevocable acceptance of any modified terms and conditions.

These Terms were last revised on July 11, 2014.

By visiting our website and accessing the information, resources, services, products, and tools we provide for you, either directly or indirectly (collectively, the “Services”), you agree to use these Services only for the purposes intended as permitted by (a) the terms of these Terms and (b) applicable laws, regulations and generally accepted online practices or guidelines.

Online Privacy Notice

Your privacy is important to us.  Our Privacy Policy, which explains how we treat your information and can be found http://carpreview.com/privacy-policy/.  This policy forms a part of the Terms.

Children

All users of the website must be 13 years of age or older.  The website is not directed toward children under 13 years of age, and we do not knowingly collect information from children under 13.  If you are under 13, please do not submit any personally identifiable information to us.

Your Use of the Services

You are responsible for your use of the Services and for any consequences thereof, including any information or materials you choose to make available, public or private communications transmitted through the Services (including posts), usernames and passwords that you provide to the Services, including those usernames and passwords provided by you for access to various third party services (e.g., social networking and other accounts that you wish to link with your account on the Services).

You may only use the Services for lawful purposes.  You acknowledge that storing, distributing or transmitting unlawful material could expose you to criminal and/or civil liability.  You may not download (other than page caching) or modify our Services or any portion of them unless we have provided you with express written consent.  You may not make a derivative use of the Services or their contents for any purpose, nor may you download or copy information of Users, or otherwise engage in data mining or similar data gathering.

User-Submitted Feedback, Postings or Email

Certain areas on the Services may allow you to provide us or others with photos and other images, commentaries, reviews, audio and video, feedback (defined below), posts, public and private messages or other potential content from you (“User Materials”).  All User Materials must comply with these Terms. Any User Materials you send to us will not be treated as confidential.

We are interested in hearing from you regarding your questions or comments about our Services.  You may provide suggestions, comments or other feedback about our Services (collectively “Feedback”) by writing to questions@carpreview.com . We regret that we may not be able to respond to Feedback.

Our Use of User Materials

While we do not claim ownership of User Materials, by providing User Materials to us or others via the Services you are automatically granting us a perpetual, irrevocable, worldwide, paid up, non-exclusive license to use the User Materials or any of its elements for any type of use forever, including promotional and advertising purposes and in any media whether now known or hereafter devised, including the creation of derivative works that may include User Materials you provide. You agree that any User Materials you provide us may be used by us or our affiliates, and you are not entitled to any payment or other compensation for such use.

You hereby confirm: (a) your User Materials will be not be subject to any obligation, of confidence or otherwise, to you or any other person; (b) your posting of the content on or through the Services does not violate the privacy rights, publicity rights, copyrights or other rights of any other person; and (c) your posting is in accordance with these Terms and that we shall not be liable for any use or disclosure of such User Materials.  We reserve the right (but do not assume the obligation) in our sole discretion to reject, move, edit or remove any User Materials that are contributed to the Services.  You acknowledge that we do not verify, adopt, ratify, or sanction User Materials, and you agree that you must evaluate and bear all risks associated with our use of User Materials or our reliance on the accuracy, completeness, or usefulness of User Materials.

Your Use of Our Content

Your right to make use of the Services and materials incorporated in or made available through the Services (collectively “Content”) is subject to your compliance with these Terms.  Modification or use of the Content on the Services for any purpose not permitted by these Terms may be a violation of intellectual property laws.

You are granted a non-exclusive, non-transferable, limited right and license to access and use the Services and Content solely for your private non-commercial viewing.  No business entity (e.g., corporation, partnership, sole proprietorship) is licensed to use the Services or Content.

You may not transfer, copy or display Content except as permitted in these Terms. In addition, you may not:
i.         Sell, rent, lease, distribute, publicly perform or display, broadcast, sublicense or otherwise assign any right to the Content to any third party;
ii.         Reproduce, republish, upload, post, transmit, further distribute, customize, modify, or create derivative works from the Content or any portion of the Content;
iii.        Remove any proprietary notices or labels on the Content;
iv.         Attempt to disable, bypass, modify, defeat, or otherwise circumvent any of the digital rights management or other security related tools incorporated into the Content; and/or
v.         Use the Services or Content for any commercial or illegal purpose.

Any other use or exploitation of the Services is strictly prohibited.

Depending upon your geographic location, the equipment you are using to access Services or Content, your available bandwidth and other factors, you may not have access to portions of the Services or Content.

Other Third-Party Sites and Services

The Services may link you to other websites, software or mobile applications.  These sites, software or applications may contain information or material that some people may find inappropriate or offensive.  These other sites are not under our control, and you acknowledge that (whether or not such sites are affiliated in any way with us) we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites.  The inclusion of such a link does not imply endorsement of any site by us or any association with its operators.

We cannot ensure that you will be satisfied with any products or services that you purchase from any third-party site that links to or from the Services or our software since such other sites are owned and operated by independent retailers.  We do not endorse any of the merchandise, nor have we taken any steps to confirm the accuracy or reliability of any of the information contained in such third-party sites.  We do not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites.  We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online transaction with any of these third parties.

Parts of the Services may be provided by third-parties and subject to the rules, policies and guidelines of such third party, including, but not limited to those of Google and Facebook.  You may also use the Services to access or purchase video content from a variety of sources. Where the content is provided by a third party source (such as iTunes®), those services are governed by their respective privacy policies and terms.

Third party applications or features (“Third Party Tools”) provided by the Services are not our responsibility. Your use of Third Party Tools is at your own risk. Our Companies make no warranties or representations, express or implied, whether by statute, common law, custom, usage or otherwise, as to Third Party Tools including, without limitation, non-infringement of third party rights, title, integration, risks of program errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, or unavailability or interruption of the Services or operations, however caused, accuracy, availability, satisfactory quality, and merchantability or fitness for any particular purpose.

Trademarks and Copyrights

The Services and the Content are protected by copyrights, patents, trade secrets or other proprietary rights (“Copyrights”).  Some of the characters, branding, logos or images on the Services are also protected as registered or unregistered trademarks, trade names and/or service marks owned by us or others (“Trademarks”).  We respect the intellectual property rights of others and ask users of the Services to do the same. You will not infringe the Copyrights, Trademarks or intellectual property rights of us or the owners of Content.  The Content, Copyrights or Trademarks may not be used in connection with any other product or service, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits us or our affiliates.

Abuse of Services

You agree not to bypass, modify, defeat or tamper with or circumvent any of the functions or protections of the Services, or Content or mechanisms that protect or limit use or access to the Services or Content, including, but not limited to, any digital rights management functionality.  You agree that you will not compromise security of the Services and/or Content or tamper with system resources.  Also, decompiling, reverse engineering, disassembling, or otherwise using technical means to investigate and/or replicate the functionality of the Services and/or to copy or create other products based (in whole or in part) on the Services, is prohibited. If you become involved in any violation of system security, we reserve the right to release your details to system administrators at other sites and to law enforcement agencies in order to assist them in resolving security incidents.

Investigations

We reserve the right to investigate suspected violations of these Terms, including without limitation any violation arising from any submission, posting or e-mails you make or send to any portion of the Services.  We may seek to gather information from the user who is suspected of violating these Terms, and from any other user.  We may suspend any users whose conduct or postings are under investigation and may remove such materials from its servers as it deems appropriate and without notice.  If we believe, in our sole discretion, that a violation of these Terms has occurred, we may edit or modify any submission, posting or e-mails, remove the material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take other corrective action we deem appropriate.  We will fully cooperate with any law enforcement authorities or court order requesting or directing Us to disclose the identity of anyone posting any e-mails, or publishing or otherwise making available any materials that are believed to violate these Terms.

BY ACCEPTING THIS AGREEMENT YOU WAIVE AND AGREE TO HOLD HARMLESS CARPREVIEW.COM AND ITS AFFILIATED COMPANIES (COLLECTIVELY, OUR “COMPANIES”) AND THEIR OFFICERS, EMPLOYEE AND AGENTS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF OUR COMPANIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER ONE OF OUR COMPANIES OR LAW ENFORCEMENT AUTHORITIES.

Local Regulations

The Services and our software are intended for use in the United States only.  We make no representation that Content in or available through the Services is appropriate or available for use outside the United States, its territories, possessions and protectorates.  If you choose to access the Services from other locations you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent local laws are applicable.  You specifically agree to comply with all applicable export control laws.

Disclaimer of Warranties

Your use of the Services is at your own risk.  The Services and all the materials, information, software, facilities, Services and Content in the Services are provided “as is” and “as available” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement.  Our Companies do not warrant that the functions contained in the Services will be available, uninterrupted or error-free, or that the Services are free of viruses or other harmful components.   Our Companies do not warrant or make any representations regarding the use or the results of the use of the Content, software, facilities, Services, or any web sites linked to the services in terms of their correctness, accuracy, reliability, or otherwise.

You assume all risk associated with the quality, performance, installation and use of the Services including, without limitation, risks of errors, corruption, viruses, hacking, intrusions, damage to equipment, loss of data, Content or unavailability or interruption of Services or operations, however caused.  If applicable law does not allow the exclusion of some or all of the above implied warranties to apply to you, the above exclusions will apply to you only to the extent permitted by applicable law.
Limitation of Liability

Our Companies disclaim all liability whether based in contract, tort (including negligence), strict liability or otherwise, and do not accept any liability for any loss or damage (direct, indirect, punitive, actual, consequential, incidental, special, exemplary or otherwise) resulting from any use of, or inability to use, the Services or any web site, or the material, information, software, facilities, services, Content on the Services or any web site, regardless of the basis upon which liability is claimed and even if any of Our Companies have been advised of the possibility of such loss or damage.  Without limitation, you (and not any of Our Companies) assume the entire cost of all necessary servicing, repair, or correction in the event of any such loss or damage arising.  If applicable law does not allow all or any part of the above limitation of liability to apply to you, the limitations will apply to you only to the extent permitted by applicable law.

Our Companies shall not be liable for any use or misuse of the software or any Services using software.  You acknowledge software is being made available in reliance on the exclusions and limitations of liability and disclaimers of warranty set forth herein and that the same form an essential basis of the bargain between the parties.  In no event shall Our Companies liability to you, whether arising in contract, tort, strict liability or otherwise, exceed the total amounts paid by you to us during the six (6) months immediately prior to the time such claim arose.

The material, information and opinions included and/or expressed in or on the services are not necessarily those of Our Companies or other Content providers.  We may remove or modify any Content without notice or liability at any time in our sole discretion.

Indemnity

You agree to indemnify and hold harmless Our Companies and our respective officers, directors, employees, agents, and distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable attorney’s fees and expert witness fees, resulting from your breach of any of the foregoing provisions, representations or warranties, and/or from your placement or transmission of any content onto our servers, and/or from any and all use of the Services or your account.

Jurisdictional Issues

The Services and Content are presented solely for the purpose of providing entertainment and information and promoting programs, films, music, and other products available in the United States, its territories, possessions, and protectorates. These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of Illinois.
Severability

If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable for this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the matters contained herein and shall not be changed except by a signed writing by an officer of carpreview.com or its parent company.

Claims of Infringement

If you believe that any content appearing on the Services infringes your copyright rights, we want to hear from you.  Please forward the following information in writing to the address listed below:
(a) your name, address, telephone number, and e-mail address;
(b) a description of the copyrighted work that you claim has been infringed;
(c) a description of each place where alleged infringing material is located;
(d) a statement by you that you have a good faith belief that the disputed use has not been authorized by you, your agent, or the law;
(e) your electronic or physical signature or the electronic or physical signature of the person authorized to act on your behalf; and
(f) a statement by you made under penalty of perjury, that the information in your notice is accurate, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

carpreview.com
308 N. Blair St.
Madison, WI 53703
United States of America
Email: questions@carpreview.com

We reserve any and all exemptions from liability that may be available under the copyright or other applicable law.

Miscellaneous

Headings and captions are used herein for convenience only and shall not be used to interpret these Terms. As used herein, “including” means “including, without limitation.”

Contact Information

http://carpreview.com
308 N. Blair St.
Madison, IL 53703
United States of America
questions@carpreview.com