Terms and Conditions Of Use
The following Terms And Conditions of Use Agreement (“Agreement”) governs the use of the NWMOTIV.com (“Service”) Web site, an interactive online service operated by NWMOTIV.com, Inc. that offers users information services and content provided by NWMOTIV.com as well as contracted and non contracted third party sources.
This Agreement governs all sections of the service, including but not limited to participation in Email, Classifieds, Message board, and discussion areas (“Forum Areas”). By registering as a user or by using this Service, you hereby agree to be bound by all of the following terms and conditions in this Agreement. IF YOU DO NOT AGREE WITH ALL OF THE TERMS AND CONDITIONS CONTAINED IN THIS AGREEMENT, PLEASE EXIT THE SERVICE IMMEDIATELY. Your failure to comply with the terms and conditions of this Agreement, any changes or revisions to this Agreement, and any additional rules of usage that apply to specific parts of the Service, may result in termination of your access to the Service, without notice, in addition to NWMOTIV.com’s other rights and remedies.
NWMOTIV.com reserves the right to change these terms and conditions at any time. The changes to the Agreement will appear on this page. By using the Service, you agree in advance to accept any such changes.
NWMOTIV.com may change, suspend or discontinue all or any part of the Service or any Service feature, database or content, for any reason, without notice.
Copyright Notice and Limitations on Use. All of the information, content and services (“Content”) within this Service are protected by copyright and other intellectual property laws. The Content is owned byNWMOTIV.com and its affiliated companies, licensors, and suppliers. Any display of Content is strictly for your personal, noncommercial entertainment, information or use, you agree not to modify, reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate or otherwise use any portion of the Content in any other way or for any other purpose without the written consent of NWMOTIV.com. You further agree not to upload, post, email, transmit or otherwise make available any Content that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any party.
Requests regarding use of the Content for any purpose other than personal, noncommercial use should be directed to firstname.lastname@example.org
You acknowledge that the Content includes certain trademarks and service marks owned byNWMOTIV.com, as well as trademarks owned by other information providers. You agree not to copy, use or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content.
Your right to use the Service is personal to you. You may not authorize others to use the Service and you are responsible for all of your own use of the Service.
You agree not to use the Service to harm minors in any way or to impersonate any person or entity.
You agree that, other than connecting to NWMOTIV.com servers by HTTP requests through a Web browser, you shall not attempt to gain access to NWMOTIV.com servers by any means, including without limitation, by using administrator passwords or by masquerading as an administrator while using the Service or otherwise.
You agree not to 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.
You agree not to disrupt, modify or interfere with the Service or its associated software, hardware and servers in any way, and you agree not to impede or interfere with the use by any other user of the Service. You further agree not to alter or tamper with any information, materials or Content on, or associated with, the Service.
You agree not to stalk or otherwise harass another user.
You agree not to collect or store personal data about or associated with another user.
Forum Areas. The Service’s Forum Areas are provided to give users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas.NWMOTIV.com does not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these forums, message boards, bulletin boards or chat rooms. Please use your best judgment, and be respectful of other individuals using these forums. Do not use vulgar, abusive or hateful language. You may not use the Service’s message boards, bulletin boards or chat rooms for advertising or promotional materials or other forms of solicitation. Uploading copyrighted or other proprietary material of any kind on the Service without the express permission of the owner of that material is prohibited and may result in civil and/or criminal liability.
Given the nature of the Service and the volume of messages and postings, NWMOTIV.com cannot and does not monitor all of the material posted or transmitted by users and third-party information providers. While you agree that the Service will not be liable for such third-party content, NWMOTIV.com reserves the right to delete, move or edit any communications that it deems in its sole discretion to be: in violation of this agreement; harmful to individuals or communities; obscene; defamatory; in violation ofNWMOTIV.com’s or any third-party’s rights; or otherwise unacceptable. HTML LINKS FOUND HERE MAY LEAD TO OTHER WEBSITES NOT UNDER OUR CONTROL. WE BEAR NO RESPONSIBILITY FOR CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO THEM. WE PROVIDE THESE LINKS ONLY AS A CONVENIENCE. WE DO NOT NECESSARILY ENDORSE THE SITES.
User Content. By placing material on or communicating with NWMOTIV.com, you hereby grant to NWMOTIV.com the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, copy, modify, display, distribute and reproduce all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify, defend and hold NWMOTIV.com and the partners harmless against any claims or costs, including attorneys’ fees, arising from the use or distribution of those materials. You further grant NWMOTIV.com to use your name in connection with the reproduction or distribution of such material.
NWMOTIV.com does not accept unsolicited materials or ideas for use or publication in its programming or in other digital, electronic or print media except in connection with the forums, chat rooms and bulletin boards on the Service. NWMOTIV.com shall not be responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to the Service.
NWMOTIV.com Disclaimer: The information on parts, modifications, or vehicles provided in this Service are supplied by the seller or third parties, and NWMOTIV.com cannot and does not verify or warrant the accuracy or completeness of the information. The Service and materials contained herein are provided on an “as is,” “as available” basis, and NWMOTIV.com makes no representations or warranties, expressed or implied, to any actual or prospective purchaser or owner of any vehicle as to the existence, ownership or condition of the vehicle, or as to the accuracy or completeness of any information about the vehicle contained in this Service. You acknowledge that any reliance upon any such materials shall be at your sole risk. NWMOTIV.com reserves the right, in its sole discretion, to correct any error or omission in any portion of the Service or materials. You agree to release, hold harmless and indemnify NWMOTIV.com from any and all liability arising from incorrect or incomplete information regarding any parts, modifications, or vehicles.
CAR AND ENGINE MODIFICATIONS SHOULD ALWAYS BE COMPLETED BY OR UNDER THE SUPERVISION OF A QUALIFIED INDIVIDUAL. IMPROPER MODIFICATIONS COULD CAUSE HARM OR DEATH. Any modifications to your car are AT YOUR OWN RISK. You should consult the owner’s manual and service manual. You should also contact your car’s manufacturer to determine what effects modifications may have on your safety, warranty, performance, etc. Please also contact your local authorities to determine whether your intended modifications will make your car illegal to drive in normal traffic.
NWMOTIV.com specifically disclaims any implied warranties, including the warranties of merchantability and fitness, for a particular purpose regarding any part, modification, or vehicle with information provided in this Service.
General Disclaimer and Limitation of Liability. YOU EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER NWMOTIV.com, NOR ANY OF ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS, ADVERTISERS OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, AND NWMOTIV.com SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.
NWMOTIV.com, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, ADVERTISERS, AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF NWMOTIV.com, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS, ADVERTISERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.
These Terms of Service will be governed by and construed in accordance with the laws of the State of Washington, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to the Service must be filed in the federal or state courts located in King County, Washington, within one year after the cause of action arises or the cause is barred.
COPYRIGHT NOTICE. Copyright (c) 2010 NWMOTIV.com, All rights reserved.