EveryCarShow.com (the “Website”) is a site developed by and wholly owned by National Distribution and Services Co., LLC, a Pennsylvania limited liability company (hereafter referred to as “NDS”.
1. Acceptance of Terms
You understand that all information (such as data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images) which you may have access to as part of, or through your use of, the NDS Services are the sole responsibility of the person from which such content originated. All such information is referred to below as the “Content”. You should be aware that Content presented to you as part of the NDS Services, including but not limited to advertisements in the NDS Services and sponsored Content within the NDS Services may be protected by intellectual property rights which are owned by the sponsors or advertisers who provide that Content to NDS (or by other persons or companies on their behalf). You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this Content (either in whole or in part) unless you have been specifically told that you may do so by NDS or by the owners of that Content, in a separate agreement. NDS reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all Content from the NDS Services. You understand that by using the NDS Services you may be exposed to Content that you may find offensive, indecent or objectionable and that, in this respect, you use the NDS Services at your own risk. You agree that you are solely responsible for (and that NDS has no responsibility to you or to any third party for) any Content that you create, transmit or display while using the NDS Services and for the consequences of your actions (including any loss or damage which NDS may suffer) by doing so. Furthermore, the NDS Website and Content available through the NDS Services may contain links to other websites, which are completely independent of NDS. NDS makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk. You agree that you must evaluate, and bear all risks associated with the use of any Content, that you may not rely on said Content, and that under no circumstances will NDS be liable in any way for any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed or otherwise made available via the NDS Services. You acknowledge that NDS does not pre-screen or approve Content, but that NDS shall have the right (but not the obligation) in its sole discretion to refuse, delete or move any Content that is available via the NDS Services, for violating the letter or spirit of the Customer Terms or for any other reason.
3. Third Party Content, Sites, and NDS Services
The NDS Website and Content available through the NDS Services may contain features and functionalities that may link you or provide you with access to third party content which is completely independent of NDS, including web sites, directories, servers, networks, systems, information and databases, applications, software, programs, products or services, and the Internet as a whole. Your interactions with organizations and/or individuals found on or through the NDS Services, including payment and delivery of goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties.
You agree that NDS shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. If there is a dispute between participants on this Website, or between users and any third party, you understand and agree that NDS is under no obligation to become involved. In the event that you have a dispute with one or more other users, you hereby release NDS, its officers, employees, agents and successors in rights from claims, demands and damages (actual and consequential) of every kind or nature, known or unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way related to such disputes and / or our service.
4. Digital Millennium Copyright Act
- If you are a copyright owner or an agent thereof and believe that any User Submission or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing us with the following information in writing (see 17 U.S.C. §512(c)(3) for further detail):
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Any report should be directed to NDS customer service through the Contact section of the messaging function of the Website. You acknowledge that if you fail to comply with all of the requirements of this Section your DMCA notice may not be valid.
- Counter-Notice. If you believe that your User Submission that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Submission, you may send a counter-notice containing the following information to us:
- Your physical or electronic signature;
- Identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- A statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in City of Philadelphia, and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by us, NDS may send a copy of the counter-notice to the original complaining party informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at NDS sole discretion.
5. Privacy and Information Disclosure
You acknowledge and agree that NDS may, in its sole discretion, preserve or disclose your Content, as well as your information, such as email addresses, IP addresses, time stamps, and other user information, if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: comply with legal process; enforce the Customer Terms; respond to claims that any Content violates the rights of third-parties; respond to claims that contact information (e.g. phone number, street address) of a third-party has been posted or transmitted without their consent or as a form of harassment; protect the rights, property, or personal safety of NDS, its users or the general public.
6. Passwords and Account Security
You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the NDS Services. Accordingly, you agree that you will be solely responsible to NDS for all activities that occur under your account. If you become aware of any unauthorized use of your password or of your account, you agree to notify NDS immediately at the Contact link at the Website page.
You agree not to post, email, or otherwise make available Content:
a) that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
b) that is pornographic or depicts a human being engaged in actual sexual conduct;
c) that harasses, degrades, intimidates or is hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
d) that impersonates any person or entity, including, but not limited to, a NDS employee, or falsely states or otherwise misrepresents your affiliation with a person or entity (this provision does not apply to Content that constitutes lawful non-deceptive parody of public figures.);
e) that includes personal or identifying information about another person without that person’s explicit consent;
f) that is false, deceptive, misleading, deceitful, mis-informative, or constitutes “bait and switch”;
g) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
h) that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
i) that constitutes or contains any form of advertising or solicitation if: posted in areas of the NDS sites which are not designated for such purposes; or emailed to NDS users who have not indicated in writing that it is ok to contact them about other services, products or commercial interests.
j) that includes links to commercial services or web sites, except as allowed in the service;
k) that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law, including without limitation items the sale of which is prohibited or regulated by Iowa law.
l) that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
m) that disrupts the normal flow of dialogue with an excessive amount of Content (flooding attack) to the NDS Services, or that otherwise negatively affects other users’ ability to use the NDS Services; or
n) that employs misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of Content transmitted through the NDS Services.
Additionally, you agree not to:
o) contact anyone who has asked not to be contacted, or make unsolicited contact with anyone for any commercial purpose;
p) “stalk” or otherwise harass anyone;
q) collect personal data about other users for commercial or unlawful purposes;
r) use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from the NDS Services – unless expressly permitted by NDS;
s) post non-local or otherwise irrelevant Content, repeatedly post the same or similar Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure;
t) attempt to gain unauthorized access to NDS’ computer systems or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the NDS Services or the NDS website;
u) use any form of automated device or computer program that enables the submission of postings on NDS without each posting being manually entered by the author thereof (an “automated posting device”), including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.
8. Posting Agents
A “Posting Agent” is a third-party agent, service, or intermediary that offers to post Content to the NDS Services on behalf of others. To moderate demands on NDS’ resources, you may not use a Posting Agent to post Content to the NDS Services without express permission or license from NDS. Correspondingly, Posting Agents are not permitted to post Content on behalf of others, to cause Content to be so posted, or otherwise access the NDS Services to facilitate posting Content on behalf of others, except with express permission or license from NDS.
9. No Spam Policy
You understand and agree that sending unsolicited email advertisements to NDS email addresses or through NDS computer systems is expressly prohibited by these Terms. Any unauthorized use of NDS computer systems is a violation of these Terms and certain federal and state laws. Such violations may subject the sender and his or her agents to civil and criminal penalties.
10. Paid Postings
We may charge a fee to post Content in some areas of the NDS Services. The fee is an access fee permitting Content to be posted in a designated area. Each party posting Content to the NDS Services is responsible for said Content and compliance with the Customer Terms. All fees paid will be non-refundable in the event that Content is removed from the NDS Services for violating the Customer Terms.
11. Limitations on NDS Services
You acknowledge that NDS may establish limits concerning use of the NDS Services, including the maximum number of days that Content will be retained by the NDS Services, the maximum number and size of postings, email messages, or other Content that may be transmitted or stored by the NDS Services, and the frequency with which you may access the NDS Services. You agree that NDS has no responsibility or liability for the deletion or failure to store any Content maintained or transmitted by the NDS Services. You acknowledge that NDS reserves the right at any time to modify or discontinue the NDS Services (or any part thereof) with or without notice, and that NDS shall not be liable to you or to any third party for any modification, suspension or discontinuance of the NDS Services.
12. Access to the NDS Services
NDS grants you a limited, revocable, nonexclusive license to access the NDS Services for your own personal use. This license does not include: (a) access to the NDS Services by Posting Agents; or (b) any collection, aggregation, copying, duplication, display or derivative use of the NDS Services nor any use of data mining, robots, spiders, or similar data gathering and extraction tools for any purpose unless expressly permitted by NDS. A limited exception to (b) is provided to general purpose internet search engines and non-commercial public archives that use such tools to gather information for the sole purpose of displaying hyperlinks to the NDS Services, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. “General purpose internet search engine” does not include a website or search engine or other service that specializes in classified listings or in any subset of classifieds listings such as jobs, housing, for sale, services, or which is in the business of providing classified ad listing services. NDS permits you to display on your website, or create a hyperlink on your website to, individual postings on the NDS Services so long as such use is for noncommercial and/or news reporting purposes only (e.g., for use in personal web blogs or personal online media). If the total number of such
postings displayed or linked to on your website exceeds one hundred (100) postings, your use will be presumed to be in violation of the Customer Terms, absent express permission granted by NDS to do so. You may also create a hyperlink to the home page of NDS sites so long as the link does not portray NDS, its employees, or its affiliates in a false, misleading, derogatory, or otherwise offensive matter. NDS offers various parts of the NDS Services in RSS format so that users can embed individual feeds into a personal website or blog, or view postings through third party software news aggregators. NDS permits you to display, excerpt from, and link to the RSS feeds on your personal website or personal web blog, provided that (a) your use of the RSS feed is for personal, non-commercial purposes only, (b) each title is correctly linked back to the original post on the NDS Services and redirects the user to the post when the user clicks on it, (c) you provide, adjacent to the RSS feed, proper attribution to ‘NDS’ as the source, (d) your use or display does not suggest that NDS promotes or endorses any third party causes, ideas, web sites, products or services, (e) you do not redistribute the RSS feed, and (f) your use does not overburden NDS’s systems. NDS reserves all rights in the content of the RSS feeds and may terminate any RSS feed at any time. Use of the NDS Services beyond the scope of authorized access granted to you by NDS immediately terminates said permission or license. In order to collect, aggregate, copy, duplicate, display or make derivative use of the NDS Services or any Content made available via the NDS Services for other purposes (including commercial purposes) not stated herein, you must first obtain a license from NDS.
13. Termination of NDS Services
You agree that NDS, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the NDS Services (or any part thereof), immediately and without notice, and remove and discard any Content within the NDS Services, for any reason, including, without limitation, if NDS believes that you have acted inconsistently with the letter or spirit of the Customer Terms. Further, you agree that NDS shall not be liable to you or any third-party for any termination of your access to the NDS Services.
Further, you agree not to attempt to use the NDS Services after said termination. Sections 2, 4, 6 and 10-16 shall survive termination of the Customer Terms.
14. Software Updates
Any software used in connection with the NDS Services may automatically download and install updates from time to time from NDS. These updates are designed to improve, enhance and further develop the NDS Services and may take the form of bug fixes, enhanced functions, new software modules and completely new versions. You agree to receive such updates (and permit NDS to deliver these to you) as part of your use of the NDS Services.
Some of the NDS Services are supported by advertising revenue and may display advertisements and promotions. These advertisements may be targeted to the content of information stored on the NDS Services, queries made through the NDS Services or other information. The manner, mode and extent of advertising by NDS on the NDS Services are subject to change without specific notice to you. In consideration for NDS granting you access to and use of the NDS Services, you agree that NDS may place such advertising on the NDS Services.
16. Proprietary Rights
The NDS Services is protected to the maximum extent permitted by copyright laws and international treaties. Content displayed on or through the NDS Services is protected by copyright as a collective work and/or compilation, pursuant to copyrights laws, and international conventions. Any reproduction, modification, creation of derivative works from or redistribution of the site or the collective work, and/or copying or reproducing the sites or any portion thereof to any other server or location for further reproduction or redistribution is prohibited without the express written consent of NDS. You further agree not to reproduce, duplicate or copy Content from the NDS Services without the express written consent of NDS, and agree to abide by any and all copyright notices displayed on the NDS Services. You may not decompile or disassemble, reverse engineer or otherwise attempt to discover any source code contained in the NDS Services. Without limiting the foregoing, you agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any aspect of the NDS Services. Although NDS does not claim ownership of content that its users post, by posting Content to any public area of the NDS Services, you automatically grant, and you represent and warrant that you have the right to grant to NDS an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, and distribute said Content and to prepare derivative works of, or incorporate into other works, said Content, and to grant and authorize sublicenses (through multiple tiers) of the foregoing. Furthermore, by posting Content to any public area of the NDS Services, you automatically grant NDS all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the Content on the NDS Services by any party for any purpose.
17. Disclaimer of Warranties
YOU AGREE THAT USE OF THE NDS SITE AND THE NDS SERVICES IS ENTIRELY AT YOUR OWN RISK. THE NDS SITE AND THE NDS SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, NDS DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE NDS SITE AND THE NDS SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, NDS DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE NDS SITE OR THE SITES OR NDS SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE NDS SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, NDS DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE NDS SITE OR THE SERVICE. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
18. Limitations of Liability
UNDER NO CIRCUMSTANCES SHALL NDS BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF NDS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE NDS SITE OR THE NDS SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE NDS SITE OR THE NDS SERVICES, FROM INABILITY TO USE THE NDS SITE OR THE NDS SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE NDS SITE OR THE NDS SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NDS SITE OR THE NDS SERVICES OR ANY LINKS ON THE NDS SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE NDS SITE OR THE NDS SERVICES OR ANY LINKS ON THE NDS SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, some of the foregoing limitation may not apply to you.
You agree to indemnify and hold NDS, its members, officers, subsidiaries, affiliates, successors, assigns, directors, managers, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable attorney fees and court costs, made by any third party due to or arising out of Content you submit, post or make available through the NDS Services, your use of the NDS Services, your violation of the Customer Terms, your breach of any of the representations and warranties herein, or your violation of any rights of another.
NDS is not responsible for any incorrect or inaccurate Content posted on the Website or in connection with the NDS Services, whether caused by users of the Website, Members or by any third parties associated with or utilized in the NDS Services. NDS is not responsible for the conduct, whether online or offline, of any user of the Website or Member of the NDS Services. NDS assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or Member communications. NDS is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or users on account of technical problems or traffic congestion on the Internet or at any Website or combination thereof, including injury or damage to users and/or Members or to any other person’s computer related to or resulting from participating or downloading materials in connection with the Web and/or in connection with the NDS Services. Under no circumstances will NDS or any of its affiliates, advertisers, promoters or distribution partners be responsible for any loss or damage, including personal injury or death, resulting from anyone’s use of the Website or the NDS Services, any Content posted on the Website or transmitted to Members, or any interactions between users of the Website, whether online or offline. The Website and the NDS Services are provided “AS-IS” and NDS expressly disclaims any warranty of fitness for a particular purpose or non-infringement. NDS cannot guarantee and does not promise any specific results from use of the Website and/or the NDS Services.
In addition to the preceding paragraph and other provisions of this Agreement, any advice that may be posted on the Website is for informational and entertainment purposes only and is not intended to replace or substitute for any professional financial, medical, legal, or other advice. NDS makes no representations or warranties and expressly disclaims any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Website. If you have specific concerns or a situation arises in which you require professional or medical advice, you should consult with an appropriately trained and qualified specialist.
21. General Information
The Customer Terms constitutes the entire agreement between you and NDS and governs your use of the NDS Services, superseding any prior agreements between you and NDS. The Customer Terms and the relationship between you and NDS shall be governed by the laws of the Commonwealth of Pennsylvania without regard to its conflict of law provisions. You and NDS agree to submit to the personal and exclusive jurisdiction of the courts located within the City of Philadelphia, Pennsylvania. The failure of NDS to exercise or enforce any right or provision of the Customer Terms shall not constitute a waiver of such right or provision. If any provision of the Customer Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Customer Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the NDS Services or the Customer Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
22. Violation of Terms
Please report any violations of the Customer Terms, by flagging the posting(s) for review, or by emailing to:
Our failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
23. Modifications to this Agreement