PLEASE READ THESE TERMS OF USE VERY CAREFULLY.
Welcome to our complimentary information and interactive community service website
located under the “ncda.com" domain (“Website”). BY USING THE WEBSITE, YOU ARE
AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms of
Use”). For purposes of these Terms of Use, the terms “We,” “Us,” “Our” and “NCDA”
refer to New Car Dealers Association San Diego County; and the terms “You”
refers to you as a user of this Website. NCDA reserves the right to change these
Terms of Use at any time, without notice to You, and You must consult the most
recent version of these Terms of Use (not an older cache version) each time you
view the Website. Use of this Website constitutes Your acceptance of all the following
terms and conditions, in their current form or as modified.
Description of Website
The Website currently provides its Dealer Members access to an extensive amount
of information, including, but not limited to, Dealer Alerts, upcoming events,
regulatory compliance requirements, legislative information and other association-related
activities. NCDA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION,
MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION DATA
OR SETTINGS. ALL SUCH RISKS SHALL BE BORNE BY YOU.
License
NCDA hereby grants You a limited, terminable, personal, non-exclusive license
to access and use the Website solely as provided herein and not to download (other
than page caching) or modify the Website or any information or data therein.
Notwithstanding anything to the contrary herein, all rights not specifically granted
in the license set forth above shall be reserved and remain always with NCDA. No
minors may use or access the Website. By agreeing to these Terms of Use, You hereby
warrant that You are at least 18 years of age and legally capable of agreeing
to these Terms of Use. You will use the Website in accordance with all applicable
laws. NCDA may, without notice, terminate your access to the Website or take other
actions as are reasonably necessary to comply with legal requirements.
Prohibited Uses
You shall not engage in unacceptable use of the Website, which includes, without
limitation, use of the Website to: (a) disseminate, store or transmit unsolicited
messages, chain letters or unsolicited commercial email; (b) disseminate or transmit
material that, to a reasonable person may be abusive, obscene, pornographic, defamatory,
harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate,
store or transmit files, graphics, software or other materials that actually or
potentially infringe the copyright, trademark, patent, trade secret or other intellectual
property right of any person; (d) export, re-export or permit downloading of any
message 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; (e) interfere, disrupt or attempt to gain unauthorized
access to other accounts on the Website or any other computer network or to portions
of the Website that are restricted; or (f) disseminate, store or transmit viruses,
trojan horses or any other malicious code or program.
Registered User Account, Password, and Security
As an option, NCDA Dealer Members may request to register and create a personal
account profile to provide more personalized information. You are solely responsible
for maintaining the confidentiality of Your user ID and password, and are fully
responsible for all activities that occur under Your account. NCDA shall have
no liability or responsibility for use of Your account or any activities that
occur with respect to Your account.
User Submissions
By submitting communications or content to any part of the Website where such
content would be viewable by the public (e.g. posting a public forum/bulletin
board or public chat or other public communication), You agree that such submission
is non-confidential for all purposes. You grant or warrant that the owner of such
content has expressly granted NCDA a royalty-free, perpetual, irrevocable, worldwide,
nonexclusive license to use, reproduce, create derivative works from, modify,
publish, edit, translate, distribute, perform and display the communication or
content in any media or medium, or any form, format, or forum now known or hereafter
developed.
Modifications to the Website
NCDA reserves the right at any time to modify or discontinue, temporarily or
permanently, the Website (or any part thereof) with or without notice. You agree
that NCDA shall not be liable to You or to any third party for any modification,
suspension, or discontinuance of the Website.
Termination
NCDA may terminate Your access to the Website at any time, for any reason, with
our without notice to You. NCDA shall not be liable to You or any third party
for any termination of Your access to the Website.
Disclaimer of Warranty
THE WEBSITE AND ALL CONTENT HEREIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND. USE OF THE WEBSITE IS AT YOUR SOLE RISK AND NEITHER
NCDA NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED
OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. NCDA EXPRESSLY DISCLAIMS ALL
WARRANTIES ABOUT THE WEBSITE AND ALL CONTENT HEREIN, EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR
A PARTICULAR PURPOSE AND ANY WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD
PARTY RIGHTS. THE WEBSITE IS A BUSINESS PRODUCT, THE APPLICATION OF WHICH IS
COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THESE TERMS
OF USE, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT
CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
Indemnification
You will defend, indemnify and hold NCDA and its officers, directors, employees,
and volunteers harmless from all claims, damages, expenses, liabilities and losses,
including without limitation attorney’s fees and costs incurred, whether or not
a lawsuit or other action is filed, arising out of or related to (i) Your access
or use of, or Your inability to access of use, this Website or the information
contained in this Website or the other websites to which it is linked; and (ii)
any of the communications or content that You submit to any part of the Website.
Limitation of Liability
NCDA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT,
SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR
NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, THE BREACH THEREOF, THE
USE OR INABILITY TO USE THE WEBSITE, THE RESULTS GENERATED FROM THE USE OF THE
WEBSITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR
FROM ANY OTHER CAUSE WHATSOEVER.
Endorsements
You acknowledge that the opinions and recommendations contained in this Website
are not necessarily those of NCDA or endorsed by NCDA. NCDA may provide links
on the Website to other websites which are not under the control of NCDA. In general,
any website which has an address (or URL) which does not contain "ncda.com" is
such a website. These links are provided for convenience of reference only and
are not intended as an endorsement by NCDA of the organization or individual operating
the website or a warranty of any type regarding the website or the information
on the website.
Use of Content
The content, organization, graphics, design, compilation, magnetic translation,
digital conversion and other matters related to the Website are protected under
applicable U.S. and international copyright, trademark and other proprietary (including
but not limited to intellectual property) rights. Unless otherwise indicated,
NCDA exclusively owns all worldwide right, title and interest in and to all documentation,
software, contents, graphics, designs, data, computer codes, ideas, know-how,
“look and feel,” compilations, magnetic translations, digital conversions and
other materials included within the Website and related to the Website, and all
modifications and derivative works thereof, and all intellectual property rights
related thereto.
None of the material herein may be downloaded, distributed, reproduced, republished,
posted, transmitted or copied in any form or by any means, without the prior written
permission of NCDA, and/or the copyright owner, except that (i) You may make such
temporary copies in a single computer's RAM and hard drive cache as are necessary
to browse the Website; and (ii) You may make a single hard copy of the content
displayed on any page of the Website to be used by You for personal and noncommercial
uses which do not harm the reputation of the NCDA, provided that You do not remove
any trademarks, copyright, and any other notice contained in such content.
General Terms and Conditions
These Terms of Use shall be interpreted and enforced according to the laws of
the State of California, without application of its conflicts or choice of law
rules. These Terms of Use and the provision of the Website shall be deemed to
be entirely performed in San Diego, California. You hereby irrevocably submit
to the jurisdiction of the state or federal courts located in San Diego, California,
for any action or proceeding regarding the Website or these Terms of Use, and
You hereby waive any right to object to the jurisdiction or venue of the courts
in San Diego, California. In the event a dispute arises regarding the Website
or these Terms of Use, the prevailing party shall be entitled to its reasonable
attorneys’ fees and expenses incurred in addition to any other relief to which
it is entitled. Our failure to enforce any provision of these Terms of Use shall
not be deemed either a waiver of such provision or a waiver of the right to enforce
such provision. If any provision, or part thereof, of these Terms of Use is judicially
declared invalid, void or unenforceable, each and every other provision, or part
thereof, nevertheless shall continue in full force and effect, and the unenforceable
provision shall be changed or interpreted so as best to accomplish the objectives
and intent of such provision within the limits of applicable law. You have no
right to assign, delegate, transfer or otherwise encumber these Terms of Use or
any portion thereof without NCDA’s prior written consent.
