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Terms and Conditions of Use.
GetBehindTheWheel.com™,
Get Behind The Wheel™
ACCEPTANCE OF
TERMS THROUGH USE
By using this site, you signify your agreement to all terms,
conditions, and notices contained or referenced herein (the "Terms of
Use"). If you do not agree to these Terms of Use please do not use this
site. We reserve the right, at our discretion, to update or revise these
Terms of Use. Please check the Terms periodically for changes. Your
continued use of this site following the posting of any changes to the
Terms of Use constitutes acceptance of those changes.
Liability
Getbehindthewheel.com is not liable in any
way for the content posted, opinions expressed, or actions of the users
of our services. Any concerns about the above should be sent directly to
our Legal Department:
Legal@GetBehindTheWheel.com.
Interpretation
The provisions of this Policy are intended as guidelines and are not
meant to be exhaustive. Generally, conduct that violates law,
regulation, or the accepted norms of the Internet community, whether or
not expressly mentioned in this Policy, is prohibited.
Getbehindthewheel.com reserves the right at all times to prohibit
activities that damage its commercial reputation and goodwill.
AGREEMENT TO
RULES OF USER CONDUCT
You agree to abide by GetBehindTheWheel's Rules of User Conduct,
including but not limited to, agreeing not to use this site for any
unlawful purpose. The Rules of Conduct follow:
RULES OF USER CONDUCT
By posting information in or otherwise using any communications service,
chat room, message board, newsgroup, software library, or other
interactive service that may be available to you on or through this
site, you agree that you will not upload, post, or otherwise distribute
or facilitate distribution of any content—including text,
communications, software, images, sounds, data, or other
information—that:
a)
is unlawful, threatening, abusive, harassing, defamatory,
libelous, deceptive, fraudulent, invasive of another's privacy,
tortious, contains explicit or graphic descriptions or accounts of
sexual acts (including but not limited to sexual language of a violent
or threatening nature directed at another individual or group of
individuals), or otherwise violates GetBehindTheWheel's rules or
policies;
b)
victimizes, harasses, degrades, or intimidates an individual or
group of individuals on the basis of religion, gender, sexual
orientation, race, ethnicity, age, or disability;
c)
infringes on any patent, trademark, trade secret, copyright,
right of publicity, or other proprietary right of any party;
d)
constitutes unauthorized or unsolicited advertising, junk or bulk
e-mail (also known as "spamming"), chain letters, any other form of
unauthorized solicitation, or any form of lottery or gambling;
e) contains software viruses or any other computer code,
files, or programs that are designed or intended to disrupt, damage, or
limit the functioning of any software, hardware, or telecommunications
equipment or to damage or obtain unauthorized access to any data or
other information of any third party; or
f)
impersonates any person or entity, including any employee or
representative of GetBehindTheWheel.
You also agree that you will not harvest
or collect information about the users or members of this site or use
such information for the purpose of transmitting or facilitating
transmission of unsolicited bulk electronic e-mail or communications.
You further agree that you will not knowingly solicit or collect
personal information from a child 12 years old or younger without
appropriate prior verifiable parental consent.
GetBehindTheWheel generally does not pre-screen, monitor, or edit the
content posted by users of communications services, chat rooms, message
boards, newsgroups, software libraries, or other interactive services
that may be available on or through this site. However,
GetBehindTheWheel and its agents have the right at their sole discretion
to remove any content that, in GetBehindTheWheel's judgment, does not
comply with the Rules of User Conduct or is otherwise harmful,
objectionable, or inaccurate. GetBehindTheWheel is not responsible for
any failure or delay in removing such content.
Tortious Conduct
No one shall post defamatory, scandalous,
or private information about a person without their consent,
intentionally inflicting emotional distress, or violating trademarks,
copyrights, or other intellectual property rights.
THIRD PARTY
SITES
This site may produce automated search results or otherwise link you
to other sites on the Internet. These sites may contain information or
material that some people may find inappropriate or offensive. These
other sites are not under the control of GetBehindTheWheel, and you
acknowledge that GetBehindTheWheel is not responsible for the accuracy,
copyright compliance, legality, decency, or any other aspect of the
content of such sites. The inclusion of such a link does not imply
endorsement of the site by GetBehindTheWheel or any association with its
operators.
PROPRIETARY
RIGHTS
You acknowledge and agree that all content and materials available on
this site are protected by copyrights, trademarks, service marks,
patents, trade secrets, or other proprietary rights and laws. Except as
expressly authorized by GetBehindTheWheel, you agree not to sell,
license, rent, modify, distribute, copy, reproduce, transmit, publicly
display, publicly perform, publish, adapt, edit, or create derivative
works from such materials or content. Notwithstanding the above, you may
print or download copies of the materials or content on this site
subject to the owners rights and permissions of subject property on any
single computer for your personal, non-commercial use, provided you keep
intact all copyright and other proprietary notices. Systematic retrieval
of data or other content from this site to create or compile, directly
or indirectly, a collection, compilation, database or directory without
written permission from GetBehindTheWheel is prohibited. In addition,
use of the content or materials for any purpose not expressly permitted
in these Terms of Use is prohibited.
As noted above, reproduction, copying, or
redistribution for commercial purposes of any materials or design
elements on this site is strictly prohibited without the express written
permission of GetBehindTheWheel. Permission is granted only when certain
limited criteria are met. For information on requesting such permission,
please read the following:
REQUESTING PERMISSION TO USE COPYRIGHTED MATERIALS
This website contains documents (including product
information, help files, articles, etc.), photos, icons, and other
copyrighted materials owned by us or our content providers. The
following information applies only to materials we own. You must contact
the copyright owner for permission to use third party materials.
DO I NEED
PERMISSION?
You are authorized to view, copy, download, and print for personal use
only any copyrighted materials we own that are available on this web
site, subject to the following conditions:
a) The documents may be used solely for personal,
noncommercial, and informational purposes. They may not be posted or
distributed.
b) The documents may not be modified.
c) All copyright and other proprietary notices must be
retained in the document.
This permission does not extend to
materials owned by other content providers that appear on this web site.
You may not reproduce, copy, or
redistribute the design or layout of this website, individual elements
of the website design, or our logos without our express written
permission.
PERMISSION FOR
COMMERCIAL USE
Reproduction, copying, or redistribution for commercial purposes of any
materials or design elements on this website is strictly prohibited
without our express written permission. Permission is granted only when
certain limited criteria are met.
To request such permission please send
email to
Legal@GetBehindTheWheel.com.
Please identify the requested material and the website on which it is
found in the subject line:
a) The content you wish to use and the URL where it is
located.
b) Where and how it will be used (for example, in an
Internet use manual, in a newsletter, or in a movie).
c) Where and how copies will be distributed and to what
audience.
d) How many copies will be produced and distributed.
e) When you intend to publish, and your deadline for a
response (no shorter than 1 week please).
f) Other materials that will be associated with our content.
g) Your name, title, company, address, email address, and
phone number.
In addition, please provide an example or
mockup of the intended use, either by sending a file attached to your
email (in a format readable with a PC), or by fax to: U.S. Fax:
603.691.0730; U.K. FAX: 0870.126.8295. We will need all of the above in
order to evaluate your request. Please expect 7 to 10 days for
processing all requests.
We reserve the right to refuse permission
to copy, distribute, broadcast, or publish any of our copyrighted
material.
USER'S GRANT
OF LIMITED LICENSE
By posting or submitting content to this site, you:
a) grant GetBehindTheWheel and its affiliates and licensees
the right to use, reproduce, display, perform, adapt, modify,
distribute, have distributed, and promote the content in any form,
anywhere and for any purpose; and
b) warrant and represent that you own or otherwise control
all of the rights to the content and that public posting and use of your
content by GetBehindTheWheel will not infringe or violate the rights of
any third party.
PROCEDURE FOR MAKING
CLAIMS OF COPYRIGHT INFRINGEMENT
If you believe that your work has been
copied and is accessible on this site in a way that constitutes
copyright infringement, you may notify GetBehindTheWheel. Please see the
following for instructions.
PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT
INFRINGEMENT
GetBehindTheWheel, Inc. and its affiliated companies respect the
intellectual property of others, and we ask our content partners and
those posting to this site to do the same. If you believe that your
copyrighted work has been copied and is accessible on this site in a way
that constitutes copyright infringement, you may notify us by providing
our copyright agent with the following information:
a) the electronic or physical signature of the owner of the
copyright or the person authorized to act on the owner's behalf.
b) a description of the copyrighted work that you claim has
been infringed and a description of the infringing activity.
c) identification of the location where the original or an
authorized copy of the copyrighted work exists, for example the URL of
the website where it is posted or the name of the book in which it has
been published.
d) identification of the URL or other specific location on
this site where the material that you claim is infringing is located;
you must include enough information to allow us to locate the material.
e) your name, address, telephone number, and email address.
f) 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.
g) a statement by you, made under penalty of perjury, that
the above information in your Notice is accurate and that you are the
copyright owner or are authorized to act on the copyright owner's
behalf.
Our agent for notice of claims of
copyright infringement on this site can be reached as follows:
By mail:
GetBehindTheWheel.com
P.O. Box 195.
New Boston, NH 03070-0195
U.S.
By phone:
(603) 882-2636
By email:
Legal@GetBehindTheWheel.com
DISCLAIMER OF
WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES
INCLUDED IN OR AVAILABLE THROUGH THIS SITE (THE "CONTENT") ARE PROVIDED
"AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT
LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, OR NONINFRINGEMENT. GETBEHINDTHEWHEEL, ITS
SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS
ACCURATE, RELIABLE OR CORRECT; THAT THIS SITE WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE
CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL
COMPONENTS. YOUR USE OF THIS SITE IS SOLELY AT YOUR RISK. BECAUSE SOME
JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE
EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF
LIABILITY
UNDER NO CIRCUMSTANCES SHALL GETBEHINDTHEWHEEL, ITS SUBSIDIARIES, OR ITS
LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR
INABILITY TO USE, THIS SITE. THIS LIMITATION APPLIES WHETHER THE ALLEGED
LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR
ANY OTHER BASIS, EVEN IF GETBEHINDTHEWHEEL HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES,
GETBEHINDTHEWHEEL'S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO
THE EXTENT PERMITTED BY LAW.
INDEMNIFICATION
Upon a request by GetBehindTheWheel, you agree to defend, indemnify,
and hold harmless GetBehindTheWheel and its subsidiary and other
affiliated companies, and their employees, contractors, officers, and
directors from all liabilities, claims, and expenses, including
attorney's fees, that arise from your use or misuse of this site.
GetBehindTheWheel reserves the right, at it own expense, to assume the
exclusive defense and control of any matter otherwise subject to
indemnification by you, in which event you will cooperate with
GetBehindTheWheel in asserting any available defenses.
INTERNATIONAL
USE
GetBehindTheWheel makes no representation that materials on this
site are appropriate or available for use in locations outside the
United States, and accessing them from territories where their contents
are illegal is prohibited. Those who choose to access this site from
other locations do so on their own initiative and are responsible for
compliance with local laws.
CHOICE OF LAW
AND FORUM
These Terms of Use shall be governed by and construed in accordance
with the laws of the State of New Hampshire, excluding its conflicts of
law rules. You expressly agree that the exclusive jurisdiction for any
claim or action arising out of or relating to these Terms of Use or your
use of this site shall be filed only in the state or federal courts
located in the State of New Hampshire, and you further agree and submit
to the exercise of personal jurisdiction of such courts for the purpose
of litigating any such claim or action.
SEVERABILITY
AND INTEGRATION
Unless otherwise specified herein, this agreement constitutes the
entire agreement between you and GetBehindTheWheel with respect to this
site and supersedes all prior or contemporaneous communications and
proposals (whether oral, written, or electronic) between you and
GetBehindTheWheel with respect to this site. If any part of these Terms
of Use is held invalid or unenforceable, that portion shall be construed
in a manner consistent with applicable law to reflect, as nearly as
possible, the original intentions of the parties, and the remaining
portions shall remain in full force and effect.
Software, patches and or downloads are
provided "AS IS" and "AS AVAILABLE" and no warranties are provided,
except as required by law. SPECIFICALLY, THE WARRANTIES FOR
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE HEREBY
DISCLAIMED.
GETBEHINDTHEWHEEL is in no way liable for
any claims arising from your use of the Software, patches or downloads.
As a condition of your use, you agree to indemnify GETBEHINDTHEWHEEL for
all claims relating to your downloading, use, reproduction of, and/or
receipt or distribution of content through, the Software.
GETBEHINDTHEWHEEL reserves the right, in its sole discretion and at any
time, to modify or discontinue the Software, patches or downloads;
limit, terminate or suspend your use of the Software, patches or
downloads; assess charges for the use of the Software in the future;
and/or make changes to this Registration Agreement.
TERMINATION
GetBehindTheWheel reserves the right, in its sole discretion, to
terminate your access to all or part of this site, with or without
notice.
Send mail to
CustomerSupport@GetBehindTheWheel.com
with questions or comments about this web site.
Problems regarding this web site should be directed to:
WebManagement@Getbehindthewheel.com.
GetBehindTheWheel.com,
GetBehindTheWheel.net, GBTW.com and GBTW.net, names and related indicia
are trademarks of GetBehindTheWheel.com © 2000-2002 Get Behind The Wheel
LLC. All rights reserved. |
