NVCP Certified Website Agreement/Terms of Use


NATIONAL VEHICLE CERTIFICATION PROGRAM, INC. (DBA NVCP Certified) WEBSITE AGREEMENT/TERMS OF USE

THIS DOCUMENT SETS FORTH THE TERMS OF USE ("TERMS OF USE") FOR THE NATIONAL VEHICLE CERTIFICATION GROUP, INC. (DBA NVCP CERTIFIED) ("COMPANY", "WE" OR "OUR") WEBSITES WWW.NVCPCERTIFIED.COM AND/OR WWW.WECERTIFYYOURCAR.COM ("SITE(S)"). THE SITE(S) IS AN ONLINE INFORMATION SERVICE PROVIDED BY COMPANY, SUBJECT TO YOUR COMPLIANCE WITH THE TERMS AND CONDITIONS SET FORTH BELOW. PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE(S). BY ACCESSING OR USING THE SITE(S), YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE(S). COMPANY MAY MODIFY THIS AGREEMENT AT ANY TIME, AND SUCH MODIFICATIONS SHALL BE EFFECTIVE IMMEDIATELY UPON POSTING OF THE MODIFIED AGREEMENT ON THE SITE(S). YOU AGREE TO REVIEW THE AGREEMENT PERIODICALLY TO BE AWARE OF SUCH MODIFICATIONS AND YOUR CONTINUED ACCESS OR USE OF THE SITE(S) SHALL BE DEEMED YOUR CONCLUSIVE ACCEPTANCE OF THE MODIFIED AGREEMENT. THE LAST DATE ON WHICH THESE TERMS HAVE BEEN MODIFIED IS NOTED AT THE END OF THIS DOCUMENT.

Your use of the Site(s) in its entirety constitutes your expressed agreement to these terms and conditions. Company accepts no responsibility for decisions made by the user in regards to acting upon any content within these pages. While Company makes every effort to present accurate and reliable information on the Site(s), we do not endorse, approve, or certify such information, nor do we guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of such information. Use of such information is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness.

The material that appears on the Site(s) or any affiliated site is for informational purposes only. Although every attempt is made to ensure the accuracy of all information, everything is subject to human error. Company, its employees, contractors, associates, and participating dealers and service providers, will not be held liable for errors or omissions in the data contained on this website.

Company is not obligated to monitor your or any other user's use of the Site; such responsibility rests solely with you. Company reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in Company's sole judgment.

1. Copyright, Licenses and Idea Submissions.

The entire contents of the Site(s) are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are the Company, its affiliates and/or other third party licensors. YOU MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, IN ANY MANNER, THE MATERIAL ON THE SITE, INCLUDING TEXT, GRAPHICS, CODE AND/OR SOFTWARE. You may print and download portions of material from the different areas of the Site(s) solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the materials. You agree to grant to the Company a non-exclusive, royalty-free, worldwide, perpetual license, with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) you submit to any public areas of the Site(s) (such as bulletin boards, forums and newsgroups) or by e-mail to the Company by all means and in any media now known or hereafter developed. You also grant to the Company the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against the Company for any alleged or actual infringement or misappropriation of any proprietary right in your communications to the Company.

2. Trademarks.

Publications, products, content or services referenced herein or on the Site(s) are the exclusive trademarks or service marks of the Company. Other products and services and company names mentioned in the Site(s) may be the trademarks of their respective owners.

3. Use of the Site(s).

You understand, except for information, products or services clearly identified as being supplied by Company, that Company does not operate, control or endorse any information, products or services on the Internet in any way. Except for Site(s) identified information, products or services, all information, products and services offered through the Site(s) or on the Internet generally are offered by third parties that are not affiliated with Company. You also understand that Company cannot and does not guarantee or warrant that files available for downloading through the Site(s) will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data.

YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE(S) AND THE INTERNET. COMPANY PROVIDES THE SITE AND RELATED INFORMATION "AS IS" AND DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SERVICE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY, AND COMPANY SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SERVICE OR ON THE INTERNET GENERALLY. COMPANY DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE WILL BE CORRECTED.

YOU UNDERSTAND FURTHER THAT THE PURE NATURE OF THE INTERNET CONTAINS UNEDITED MATERIALS SOME OF WHICH ARE SEXUALLY EXPLICIT OR MAY BE OFFENSIVE TO YOU. YOUR ACCESS TO SUCH MATERIALS IS AT YOUR RISK. COMPANY HAS NO CONTROL OVER AND ACCEPTS NO RESPONSIBILITY WHATSOEVER FOR SUCH MATERIALS.

4. Self Reported Information.

In the course of using the Site(s), you may elect to enter certain self-reported information, including personal information. You agree to provide Company with correct information, and to promptly provide Company with updates to such information as may be necessary or appropriate. You authorize Company to forward your self-reported information to one or more Third Parties that may offer their own products and services through the Site(s). You also authorize Company to use your self-reported information in the manner described in Company’s Privacy Policy. You understand and agree that any Third Party that receives your self-reported information may keep and use that information, whether or not you complete a transaction with the Third Party.

5. Privacy.

Please see Company's Privacy Policy. By using the Site, you consent to Company's use and disclosure of information about you in accordance with the Privacy Policy without any further notice or any liability to you or any other person or entity.

6. Limitation of Liability.

IN NO EVENT WILL COMPANY BE LIABLE FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE, OR DOWNLOADED FROM THE SERVICE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF COMPANY OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH THE SERVICE. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, COMPANY LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
    6.1 Links to Third Party Websites. The Site(s) contain hyperlinks to websites operated by parties other than Company. Such external Internet addresses contain information created, published, maintained, or otherwise posted by institutions or organizations independent of Company. These links to other Internet websites are for your reference. Company does not endorse, approve, certify, or control these external Internet addresses and does not guarantee the accuracy, completeness, efficacy, timeliness, or correct sequencing of information located at such addresses. Use of any information obtained from such addresses is voluntary, and reliance on it should only be undertaken after an independent review of its accuracy, completeness, efficacy, and timeliness. Reference therein to any specific commercial product, process, or service by trade name, trademarks, service mark, manufacturer, or otherwise does not constitute or imply endorsement, recommendation, or favoring by Company. Company expressly disclaims any liability related to such third party websites.

    6.2 Indemnification. You agree to indemnify, defend and hold harmless Company, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or any other person accessing the Service.

7. Third Party Rights.

The provisions of paragraphs 3 (Use of the Site(s)), and 6.2 (Indemnification) are for the benefit of Company and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

8. Arbitration.

You and Company each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a "Claim") arising out of or in connection with these Terms of Use, the Privacy Policy, your or Company's rights and obligations under these Terms of Use or the Privacy Policy, the Site, the use of the Site, and/or the services and/or products that may be provided by or through or in connection with the Site. The arbitration will be held in Texas before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. You and Company must agree upon an arbitration organization and its applicable rules. If you and Company fail to agree upon an arbitration organization within 30 days after notice from Company, Company may select the organization at its sole discretion. You and Company shall agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Company’s intellectual property rights, Company may seek injunctive or other appropriate relief in any state or federal court in the State of Texas, and you consent to exclusive jurisdiction and venue in such courts.
    8.1 Binding Arbitration. The arbitrator's award is final and binding on all parties. The Federal Arbitration Act (9 U.S.C. §1 et seq.), and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator's award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, the provisions of Section 8.2 of these Terms of Use shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.

    8.2 Exclusive Jurisdiction. To The Extent a claim is not governed by the arbitration clause, exclusive jurisdiction for any claim arising out of or in connection with these terms of use, the privacy policy, your or company's rights and obligations under these terms of use or the privacy policy, the site, the use of the site, and/or the services and/or products that may be provided by or through or in connection with the site shall be the united states district court for the district of Texas - Northern Division, located in Tarrant County, Texas or, if federal jurisdiction is not available, in the appropriate court of the State of Texas that is located in Tarrant County, Texas; provided, however, that in the event Company is sued or joined by another person or entity in any other court or in any other forum in respect of any matter which may give rise to a claim by Company hereunder, you consent to the jurisdiction of such court or forum over any claim which may be asserted by Company therein. You irrevocably consent to the exercise of personal jurisdiction by such courts in any such action. In addition, and notwithstanding the foregoing, you irrevocably waive, to the fullest extent permitted by law, any objection that you may now or hereafter have to the laying of the venue of any such suit, action or proceeding brought in any such court and any claim that any such suit, action or proceeding brought in any such court has been brought in an inconvenient forum. Final judgment in any such suit, action or proceeding brought in any such court shall be conclusive and binding upon you and may be enforced in any court in which you are subject to jurisdiction by a suit upon such judgment.

9. Term; Termination.

This Agreement may be terminated by either party without notice at any time for any reason. The provisions of paragraphs 1 (Copyright, Licenses and Idea Submissions), 3 (Use of Site(s)), 6 (Limitation of Liability), 7 (Third Party Rights) and 10 (Miscellaneous) shall survive any termination of this Agreement.

10. Miscellaneous.

These terms of use shall be governed by and construed in accordance with the laws of the State of Texas, excluding any law or conflicts of law principle that would apply the law of another jurisdiction. Any cause of action or claim you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred. Company's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement. Company may assign its rights and duties under this Agreement to any party at any time without notice to you.

Any rights not expressly granted herein are reserved.

11. Company Contact Information.

If you have any questions or comments regarding these Terms of Use or the Site, please email us at support@nvcpcertified.com.



Last Updated on 1/21/2015

PLEASE RETAIN A COPY OF THESE TERMS OF USE FOR YOUR RECORDS.

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