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A. Type of Service:

NCEuro.org operates the North Carolina European Automotive enthusiast website (site) to provide access to a forum based automotive community.  Use of the NCEuro site is governed by the following Terms of Service.  Terms of Service ("TOS") may be updated by us from time to time without notice to you.  You understand and agree that all services are provided "AS-IS" and that NCEuro.org assumes no responsibility for any information provided.

B. Acceptance of Terms of Service (TOS)

All members of the Site must complete the sign-up registration process and agree to the following Terms of Service. You indicate your agreement to be bound by this Agreement and the TOS by completing your user registration.

C.  Registration Agreement.

To register and open an account, you will need to select a user-name and a password. You are given an optional personal profile (which will contain certain personally identifiable information). NCEuro.org  has the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).  All information that you provide to us will be subject to the terms of our Privacy Statement. 

You agree NOT to share your user-name or password with others.  Your user-name and password are for your personal use only.  NCEuro.org may refuse to permit you to use any user-name or password that NCEuro, in its sole discretion, deems offensive. 

D. Member Account Security.

Upon completion of the registration process for NCEuro.org, you will have created a username and password. You are responsible for preserving the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify NCEuro of any unauthorized use of your password or account or any other breach of security.  NCEuro cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
You agree to ensure that you exit from your account at the end of each session.

E. Member Responsibility for Account Activity:

You are solely responsible for all usage or activity on your account or password, including use of your account or password by any third party.  Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your account, at NCEuro´s sole discretion.  You understand that all information, data, text, animation, software, photographs, graphics,  messages, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.  This means that you, and not NCEuro, are entirely responsible for all Content that you post, e-mail, or otherwise transmit via NCEuro’s services.  Under no circumstances will NCEuro be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed, or otherwise transmitted via NCEuro’s services.

You agree to NOT use NCEuro’s services to:

  1. upload, post, e-mail or otherwise transmit any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically, or otherwise objectionable; 
  2. impersonate any person or entity, including, but not limited to, a NCEuro official, or falsely state or otherwise misrepresent your affiliation with a person or entity; 
  3. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through NCEuro services; 
  4. upload, post, e-mail or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); 
  5. upload, post, e-mail, or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights ("Rights") of any party; 
  6. upload, post, e-mail, or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation that are designated for such purpose; 
  7. upload, post, e-mail, or otherwise transmit any material 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; 
  8. interfere with or disrupt NCEuro services or servers or networks connected to NCEuro services, or disobey any requirements, procedures, policies, or regulations of networks connected to NCEuro services; 
  9. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
  10. "stalk" or otherwise harass another; or 
  11. collect or store personal data about other members and users.

 

You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.

You acknowledge and agree that NCEuro may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third- parties; or (d) protect the rights, property, or personal safety of NCEuro, its users, and the public.

You understand that the technical processing and transmission of
NCEuro services, including Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks
or devices.

Public Content Posted on NCEuro.org

From time to time, the Site may conduct or facilitate electronic, bulletin boards, news groups, forums and discussions on subjects of interest to its members (collectively, "Forums").  In addition to any terms or conditions of participation that may be posted with respect to any specific Forum, the following terms and conditions shall apply with respect to any Forum in which you choose to participate and with respect to any content of whatever nature ("Materials") that you upload to, publish or otherwise distribute or transmit (collectively "transmit") in, on or through a Forum or otherwise through the Site.

With respect to any Material that you transmit in, on or through a Forum or otherwise through the Site, you hereby grant to NCEuro a perpetual, royalty-free, irrevocable, non-exclusive and fully sub-licensable right and license to reproduce, modify, adapt, publish translate, create derivative works from, distribute, perform and display such Material (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.

You agree not to use Forums or the Site to:

a. upload, post, email, transmit or otherwise make available any Material that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another´s privacy, hateful, or racially, ethnically or otherwise objectionable;

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, an official of NCEuro, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Material transmitted through the Site;

e. upload, post, email, transmit or otherwise make available any Material that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Material that infringes any patent, trademark, trade secret, copyright or other proprietary right of any party;

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;

h. upload, post, email, transmit or otherwise make available any material 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;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Site are able to type, or otherwise act in a manner that negatively affects other users´ ability to engage in real time exchanges;

j. interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of networks connected to the Site;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another; or

m. collect or store personal data about other users.

You are solely responsible for the content of any Material that you transmit in, on or through the Forums or otherwise through the Site. NCEuro does not and cannot review every item of Material transmitted by you.  However, while NCEuro is not responsible for the content of your Material, NCEuro reserves the right to delete, move, or edit Material that NCEuro, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable.  NCEuro also reserves the right to delete, move or edit Material as NCEuro, in its sole discretion, deems necessary or appropriate, including for the formatting purposes of the particular Forum.  You hereby waive any so-called "moral rights" that you may have with respect to any deletions or edits that NCEuro may make to your Materials.  NCEuro may terminate your ability to access and make use of any Forum or the Site generally at any time upon determining that your Material is abusive, defamatory, absence, in violation of copyright or trademark laws or is otherwise unacceptable.  You agree that you must evaluate, and bear all risks associated with, the use of any Material, including any reliance on the accuracy, completeness, or usefulness of such Material.

F. Indemnity:

You agree to indemnify and hold
NCEuro, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys´ fees, made by any third party due to or arising out of Content you submit, post to, or transmit through NCEuro services, your use of NCEuro services, your connection to NCEuro services, your violation of the TOS, or your violation of any rights of another.

G. No Resale of Services:

You agree not to reproduce, duplicate, copy, sell, resell, or exploit for any commercial purposes, any portion of the NCEuro.org website, use of NCEuro services, or access to NCEuro.org services.

H. Termination by NCEuro.org :

You agree that NCEuro, in its sole discretion, may terminate your password, your account and/or your use of the Site, and remove and discard any Material within the Site, at any time and for any reason, including, without limitation, for lack of use of the Site or if NCEuro believes that you have violated or acted inconsistently with the letter or spirit of the TOS. NCEuro may also, in its sole discretion and at any time, discontinue providing the Site, or any part thereof, with or without notice.  You agree that any termination of your access to the Site under any provision of the TOS may be effected without prior notice, and acknowledge and agree that NCEuro may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Site. 

I. Changes to Terms of Service (TOS):

NCEuro may change, add or delete any one or more of the TOS by providing notice to you or by posting such changes on the Site.  If any future changes are unacceptable to you, you may cancel your account. Your failure to cancel your account following the posting of notice of any changes will indicate your acceptance of the TOS as changed.

K. Modifications to Service:

NCEuro reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, NCEuro services (or any part thereof) with or without notice.  You agree that NCEuro shall not be liable to you or to any third party for any modification, suspension or discontinuance of NCEuro services.  NCEuro may also impose limits on certain features and services or restrict your access to part or the entire Site without notice to you.

L. Permitted Uses and Restrictions on Use of Content / Copyright.

Whenever used in this Agreement, the term "Content" shall mean any and all articles, databases, software, books, magazines, photographs, images, graphics, illustrations, audio, video, and any other content that is offered to you by or through the Site.

Content available through the Site originates from NCEuro and a variety of third party providers (each, a “TPP”). NCEuro and each TPP is either the owner or an authorized licensee of such Content and each TPP has licensed NCEuro to make its Content available to you through the Site.  In order to protect and preserve NCEuro’s and the TPPs copyrights and other intellectual property rights in their respective Content, you agree to the following with respect to any specific item of Content that you license or purchase through the Site:

1. You will abide by all copyright notices and copyright directives relating to or provided with the Content.

2. You will not, directly or indirectly, reproduce, copy, transmit, distribute, display, publish or print any Content in any form or medium, (ii) sell, loan or license any Content.

3. You will not, in whole or in part, modify, adapt, transform, translate or create any derivative work based on the Content in a manner that would infringe any person’s copyright or other proprietary rights therein.

4. You will not remove any copyright notice from the Content.

N.   Disclaimer of Warranties:

a.  YOUR USE OF THE SITE AND ANY AND ALL INFORMATION CONTAINED THEREIN OR AVAILABLE, DIRECTLY OR INDIRECTLY, THEREFROM, IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  NCEURO EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. NCEURO MAKES NO WARRANTY THAT (a) THE SITE WILL MEET YOUR REQUIREMENTS, (b) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE WILL MEET YOUR EXPECTATIONS.

c.  ANY CONTENT OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FORM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM NCEURO OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

O.  LIMITATION OF LIABILITY.

YOU EXPRESSLY UNDERSTAND AND AGREE THAT NCEURO SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NCEURO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE SITE; (b) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (c) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SITE; (d) PHYSICAL OR EMOTIONAL INJURY OR DISTRESS OR (e) ANY OTHER MATTER RELATING TO THE SITE AND/OR THE USE OF INFORMATION CONTAINED THEREIN OR AVAILABLE THEREFROM AT ANY TIME.  IN ADDITION, THE AGGREGATE AMOUNT OF NCEURO’S LIABILITY UNDER THIS AGREEMENT SHALL IN NO EVENT EXCEED THE AGGREGATE AMOUNT OF ANY FEES OR CHARGES PAID BY YOU TO NCEURO UNDER THIS AGREEMENT OR THROUGH THE SITE.

P. EXCLUSIONS AND LIMITATIONS

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 OF SECTIONS 10 AND 11 MAY NOT APPLY TO YOU.

Q. WAIVER, RELEASE OF LIABILITY AND COVENANT NOT-TO-SUE.  In consideration of your being permitted to use the Site, you, on your own behalf and on behalf of your spouse, heirs, trustees, legal representatives, executors and assigns, hereby agree to release NCEuro and its past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns (and their respective past, present and/or future shareholders, members, managers, partners, trustees, officers, directors, employees, consultants, agents, affiliates, administrators, attorneys, successors and assigns) (each, a “Released Party”) from any and all liability for injury, death, damage, cost, expense and other loss suffered or incurred by you as a direct or indirect result of your use of any training, athletic, health, fitness, wellness, exercise or similar information (collectively, “Automotive Information”) that is, directly or indirectly, available from or through the Site at any time.

In consideration of your being permitted to use the Site, you hereby agree that you will not, at any time hereafter, commence, maintain, prosecute, participate in as a party, or permit to be filed by any other person on your behalf, any action or proceeding of any kind, judicial or administrative, in any court or agency against any Released Party with respect to any act, omission, statement, information, transaction or occurrence that relates, directly or indirectly, to your use of the Automotive Information at any time.

You acknowledge and agree that your are aware that activities associated with use of the Automotive Information may range from vigorous cardiovascular and endurance activities to the strenuous exertion of driver abilities  You acknowledge and agree that you understand that these and other physical activities involve certain inherent risks, including but not limited to, death, serious neck and spinal injuries, resulting in complete or partial paralysis, heart attacks, and injury to the bones, joints or muscles.  Your use of the Automotive Information is voluntary and with full knowledge of such inherent participatory dangers and you hereby agree to assume any and all inherent risks of property damage, personal injury, and death.

You acknowledge and agree that you understand that you should consult with your personal physician (i) before utilizing any of the Automotive Information and (ii) during the course of your use of the Automotive Information if you have any concerns or questions about the impact of such use on your medical condition.  You acknowledge and agree that you are not relying, and will at no time rely, on any Released Party to provide you with medical advice of any kind (including advice pertaining to your use of the Automotive Information), or to advise you of the medical risks associated with your use of the Automotive Information.  You acknowledge and agree that no Released Party will be liable for any information or advice given to you related to your use of the Automotive Information and that you will not sue any Released Party based on such information or advice.

You acknowledge and agree that the release, waiver and covenant not-to-sue contained herein is intended to be as broad and inclusive as permitted by applicable law and agree that if any portion is held invalid, the remainder of this release, waiver and covenant not-to-sue will continue in full legal force and affect.  You acknowledge and agree that you have read this release, waiver and covenant not-to-sue and fully understand that by signing this release, waiver and covenant not-to-sue, you are giving up legal rights and/or remedies that may be otherwise be available to you.

R. Links:

The Site from time to time may contain links to and from various third party sites on the World Wide Web (Internet).  You acknowledge that such third party sites are completely independent of the Site and that NCEuro has no responsibility or liability, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any such site.  If you have any questions or concerns about such third party sites, you should contact the site owner, administrator or web-master of the third-party site.

S. Communication between NCEuro and members:

NCEuro reserves the right to provide you with information about products and services from NCEuro and third party vendors.  NCEuro also reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Site.

T. Copyrights and Copyright Agents:

NCEuro respects the intellectual property of others, and we ask our members
to do the same.

U. No Waivers / Severability:

NCEuro´s failure to exercise or enforce any right, provision, or remedy hereunder shall not constitute a waiver of such right, provision or remedy.  If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties agree that the court should try to give effect to the parties´ intention as reflected in the provision, and the other provisions of this Agreement shall remain in full force and effect.

V. Choice of Law / Statute of Limitations:

This Customer Agreement has been made in and shall be construed and enforced in accordance with the laws of the State of North Carolina.  Any action to enforce this agreement shall be brought in the federal or state courts located in the State of North Carolina. 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 Site or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

W. Violations:

Report any violations of the Terms of Service to your Moderators.

  

© NCEuro.org 2007