This agreement is a legally binding contract between you ("You" or "Your") and Hendrick Toyota of Wilmington , its affiliates,
subsidiaries and/or licensors ("We," "Us," or "Our"). This agreement governs Your use of Our websites operated by Us,
including any site from which You access this agreement, which may include, but is not limited to,
toyotaofwilmington.com (collectively, the "Sites"). We make the content on Our Sites, including all information,
documents, communications, files, text, graphics, images, video, user interfaces, visual interfaces, photographs,
software, metadata, audio/visual files, and other copyrightable material owned by or licensed to Us (collectively, the "Materials"),
2. Intellectual Property Rights.
A. Copyright Information and Personal & Non-Commercial Use Limitation.
All Materials and the compilation of all content included on Our Sites are owned or licensed by Us and protected by United States and international copyright laws. We do not claim ownership of copyrights owned by third parties.
B. Notice and Procedure for Making Claims under the Digital Millennium Copyright Act.
The Digital Millennium Copyright Act (DMCA) provides recourse to copyright owners who believe that their rights under the United States Copyright Act have been infringed by acts of third parties over the Internet. If You believe that your copyrighted work has been copied without your authorization and is available on Our Sites in a way that may constitute copyright infringement, You may provide notice of Your claim to Our Designated Agent listed below. For your notice to be effective, it must include the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed upon;
- A description of where the material that you claim is infringing is located on this Sites;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as address, telephone number, and, if available, an e-mail address at which the complaining party may be contacted;
- 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; and
- A statement that the information in the notification is accurate and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Hendrick Toyota of Wilmington
Attn: Paul Quam
5640 Market St
Wilmington, NC 28405
The Designated Agent should be contacted only if You believe that Your work has been used or copied in a way that constitutes copyright infringement and such infringement is occurring on Our Sites. All other inquires to the Designated Agent will not be answered.
All other trademarks, product names, and company names and logos appearing on the Sites are the property of their respective owners.
D. Ideas and Inventions.
All comments, feedback, suggestions, ideas, and other submissions ("Ideas") disclosed, submitted, or offered to Us in connection with Your use of this Site shall become Our exclusive property. You agree that unless otherwise prohibited by law We may use, sell, exploit and disclose the Ideas in any manner, without restriction and without compensation to You.
3. Privacy and Protection of Personal Information.
Questions regarding privacy issues should be directed to Us via e-mail at Paul.Quam@toyotaofwilmington.com
4. Disclaimer of Warranties and Limitation of Liability.
You expressly agree that use of Our Sites, services, and Materials is at Your sole risk. Neither We nor any of Our officers, directors, employees, agents, merchants, sponsors, licensors, component suppliers (both hardware and software), and/or any third party who provides products or services purchased from, used, transmitted or distributed by Us (collectively "Providers"), or the like, warrant that sites affiliated with Providers, including, but not limited to, Our Sites, will be uninterrupted, error-free, or free of viruses, worms, Trojan horses, keyboard loggers, spyware, adware, malware, harmful or malicious code, or other defects. The information, products and services published on Our Sites may contain inaccuracies or typographical errors. Furthermore, information You may provide to Us online may be lost or destroyed due to technical problems with Our systems that are beyond Our control. We make no warranty as to the results that may be obtained from the use of Our Sites or as to the accuracy, reliability, or currency of any information content, service, or merchandise provided through Our Sites.
A. Disclaimer of Warranties
OUR SITES ARE PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO, IMPLIED AND STATUTORY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SITES, SECURITY OF OUR SITES, THE AVAILABILITY OF ANY GOODS OR SERVICES OFFERED ON OR THROUGH OUR SITES, INCLUDING E-MAIL, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS, INCLUDED ON OUR SITES. ANY MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SITES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD AND/INSTALLATION OF ANY SUCH MATERIAL. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
B. Limitation of Liability.
WE DO NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO OUR SITES OR ANY RELATED SERVICES. THE OPERATION OF OUR SITES MAY BE INTERFERED WITH BY NUMEROUS FACTORS OUTSIDE OUR CONTROL.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF OR INABILITY TO USE OUR SITES OR ANY RELATED SERVICES, INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES).
THE LIMITATION OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY RELIANCE BY A YOU ON ANY INFORMATION OBTAINED FROM OUR SITES OR THAT RESULT FROM OUR OR OUR PROVIDERS’ MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, ERRORS, DEFECTS, VIRUSES OR OTHER MALICIOUS CODE, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION, OR UNAUTHORIZED ACCESS TO OUR RECORDS, PROGRAMS, OR SERVICES, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENT, MERCHANDISE, AND SERVICES AVAILABLE THROUGH OUR SITES.
SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON OUR GOODS OR SERVICES, FROM INABILITY TO USE OUR GOODS OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF OUR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES).
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
If You are dissatisfied with any portion of Our Sites, Your sole and exclusive remedy is to discontinue Your use of the Sites.
5. Third Party Links.
6. Online Conduct.
You agree to use Our Sites and any services provided through Our Sites only for lawful purposes. Unacceptable uses of Our Sites include, without limitation: (i) engaging in any illegal activity or the planning of any illegal activity; (ii) disseminating or transmitting statements or material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (iii) creating, disseminating or transmitting files, graphics, software or other material that actually or potentially infringe the copyright, trademark, patent, trade secret, publicity or other intellectual property rights of any person; (iv) creating a false identity or otherwise attempting to mislead any person as to the identity or origin of any communication; (v) exporting, re-exporting or permitting the downloading of any message, software or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (vi) interfering, disrupting or attempting to gain unauthorized access to other accounts on the Sites or any other computer network; (vii) disseminating or transmitting viruses, worms, Trojan horses, RATs, keyboard loggers, time bombs, spyware, adware, cancelbots or any other malicious or invasive code or program; or (viii) stalking or harassing another; (ix) disobeying any requirements, procedures, policies or regulations of networks connected to Our Sites; (x) engaging in any other activity deemed by Us to be in conflict with the spirit or intent of Our Sites.
We, and Our Providers, reserve the right to monitor all network traffic to Our Sites to identify and/or block unauthorized attempts or intrusions to upload or change information or cause damage to Our Sites in any fashion. Anyone using Our Sites expressly consents to such monitoring.
12. Applicable Law/Jurisdiction.
14. Statute of Limitations.
15. Entire Agreement.
DATE LAST MODIFIED: April 25, 2012