BIMMERPOST Terms of Service

1. Acceptable Use and Restrictions

Without limiting any other provisions of this Agreement, you may not use the Site for any purpose that is unlawful or prohibited by this Agreement and/or any applicable additional terms. Your access to the Site may be terminated immediately in our sole discretion, with or without notice, if you fail to comply with any provision of this agreement and/or additional terms, or for any other reason, or no reason. You expressly agree not to:

• Use this Site or its contents for any commercial purpose, unless you have entered into an explicitly authorized Vendor or Sponsor agreement with the Site in writing.
• Access, monitor, or copy any content or information of this Website using any robot, spider, scraper, or other automated means or any manual process for any purpose without our express written permission.
• Take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionate burden on our infrastructure.
• "Frame," "mirror," or otherwise incorporate any part of this Site into any other website without our prior written permission.
• Re-visit, re-engage, or apply for membership in the event that your current membership or access to the Site has been revoked, banned, or otherwise limited.

2. Content and User Conduct

The material on this Site is protected by copyright, trademark, and other applicable laws. You may not modify, copy, reproduce, republish, upload, post, transmit, publicly display, prepare derivative works based on, or distribute in any way any material from the Site, including but not limited to text, audio, video, code, and software. During your visit, however, you may download material displayed on the Site for non-commercial, personal use only (provided that you also retain all copyright and other proprietary notices contained on the materials). We neither warrant nor represent that your use of materials displayed on the Site will not infringe rights of third parties not owned by us or affiliated with this Site.

The Site may provide you and other users an opportunity to submit, post, display, transmit, and/or exchange information, ideas, opinions, photographs, images, video, creative works, or other information, messages, transmissions, or material to us, the Site, or others ("Post" or "Postings"). Postings do not reflect our views; and we do not have any obligation to monitor, edit, or review any Postings on the Site. We assume NO responsibility or liability arising from the content of any such Postings nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such Postings on the Site.

You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law.

Without limiting the foregoing, the following behaviors are strictly prohibited:

• Strong, vulgar, obscene, or otherwise harmful language.
• Racially, ethnically, or otherwise objectionable language.
• Harassing, intimidating, stalking, or threatening other community members.
• Libelous, defamatory, or otherwise tortious language.
• Online vandalism.
• Impersonation of another person.
• Posting, distributing, transmitting, or promoting illegal content.
• Invasion of another's privacy.
• Actions that are hurtful to minors.
• Posting, providing, transmitting, or otherwise making available any materials or information infringing on the rights of a third party.
• Posting, providing, transmitting, or otherwise making available any junk mail or spam.
• Posting, uploading, emailing, or otherwise transmitting any material that contains any malicious computer code, or reverse engineering or hacking any materials on the Site.

Additional posting policies for the Site, which must be read before use of the Site, are available HERE.

We will fully cooperate with any law enforcement authorities or court order requesting or directing the Site to disclose the identity of anyone posting any such information or materials.

We do not prescreen information submitted by users of the Site ("Submission"). The Site retains the right, but not the responsibility, to edit or remove any Submission, including those deemed by the Site to violate the Agreement. The Site will make good faith efforts to investigate allegations that Submissions violate the Agreement but (a) makes no warranty to you that it will edit, remove, or continue to permit the display of any specific Submission, whether or not subject to such allegations, and (b) will have no liability whatsoever for editing, removing, or continuing to permit the display of any Submission whatsoever.

To submit information to the Site, each user must have a unique username and password combination. You are granted permission to create one (1) single unique username for your lifetime. Creating multiple accounts, or attempting to register a new account after a previous account has been suspended, banned, or restricted, is a direct violation of these Terms of Service. In the event of a violation, we reserve the right to immediately terminate, block, or ban all associated accounts, IP addresses, and access points without notice, and to forfeit any accumulated privileges, content, or virtual goods associated with those accounts. Furthermore, you hereby agree that any attempt to create additional usernames is in violation of these Terms and Conditions and agree to a charge of $15,000 US Dollars for each attempted violation of this policy.

3. Intellectual Property

You represent and warrant that: (i) you own the content posted by you on or through the Site or otherwise have the right to grant the license set forth below, and (ii) the Posting of your content does not violate the privacy rights, publicity rights, copyrights, contract rights, or any other rights of any person.

By submitting, displaying, or posting content on the Site, you hereby grant us a nonexclusive global license to reproduce, publish, modify, and distribute the content submitted by you to the Site. You also grant the Site global nonexclusive adaptation and resale rights over any content and material submitted to the Site. These nonexclusive publishing licenses and resale/adaptation rights extend to any materials submitted "for publication" within the Site, including both message board postings and content submitted for uploading and subsequent publishing within non-message board portions of the Site.

Neither we nor our staff will be responsible for any misleading, false, or otherwise injurious information and advice communicated on the Site or for any results obtained from the use of such information or advice. We will not be liable for any loss or damage suffered by a user through the user's reliance on information and advice gained on the Site.

The Site claims no ownership over any content submitted, posted, or displayed by you on the Site. You or a third-party licensor, as appropriate, retain all patent, trademark, and copyright to any Content you submit, post, or display on the Site, and you are responsible for protecting those rights, as appropriate.

4. Marketplace and Member Transactions

The Site may include classifieds, marketplaces, or other features allowing users to buy, sell, or trade vehicles, parts, and other goods. The Site acts solely as a venue for these member-to-member interactions. We do not screen, vet, or endorse any buyers, sellers, or listings. You acknowledge and agree that we are not a party to any transaction between users, and we are not responsible for the quality, safety, legality, or accurate description of any items advertised.

You assume all risks associated with dealing with other users online and offline. You agree to hold the Site, its owners, and its staff harmless from any claims, demands, or damages (actual or consequential) of every kind and nature arising out of or in any way connected with disputes between members, financial fraud, physical injury, or property damage resulting from such transactions.

5. Links

The Site may provide links to other websites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites and resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that we shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods, or services available on or through any such site or resource.

6. Age Requirements and Children

Pursuant to 47 U.S.C. Section 230(d) as amended, we hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information about parental controls is available from Google or popular aftermarket providers.

Use of the Site is granted only to person(s) of legal driving age in your state or country of residence.

7. DMCA Infringement Policy

Pursuant to 17 U.S.C. Section 512 as amended by Title II of the Digital Millennium Copyright Act (the "Act"), we reserve the right, but not the obligation, to terminate your license to use the Site if we determine in our sole and absolute discretion that you are involved in infringing activity, including alleged acts of first-time or repeat infringement, regardless of whether the material or activity is ultimately determined to be infringing. We accommodate and do not interfere with standard technical measures used by copyright owners to protect their materials. In addition, pursuant to 17 U.S.C. Section 512(c), we have implemented procedures for receiving written notification of claimed infringements and for processing such claims in accordance with the Act.

All claims of infringement must be submitted in a written complaint that complies with the requirements below and delivered to our designated agent to receive notification of claimed infringement. Any written notice regarding any defamatory or infringing activity, whether of a copyright, patent, trademark, or other proprietary right must include the following information:

1. Identify the copyrighted work that you claim has been infringed or, if multiple copyrighted works are covered by the notice, you may provide a representative list of the copyrighted works that you claim have been infringed.
2. Identify (a) the material that you claim is infringing (or to be the subject of infringing activity) that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material (e.g., the URL), and (b) the reference or link to the material or activity that you claim to be infringing.
3. A physical or electronic signature of a person authorized to act on behalf of (a) the owner of an exclusive right that is allegedly infringed or (b) the person defamed.
4. Include the following statement in the body of the notice: "I hereby state that I have a good faith belief that the disputed use of the copyrighted material or reference or link to such material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use)."
5. Include the following statement in the body of the notice: "I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed."
6. Provide your full legal name and your physical or electronic signature.

Deliver this notice, with all items completed, to our Copyright Agent (and if sending electronically with the subject line "DMCA Complaint"):

Philip A. Nicolosi
Phil Nicolosi Law, P.C.
6735 Vistagreen Way, Suite 210
Rockford, IL 61107
(815) 314-0022
dmca@philnicolosilaw.com

For convenience, you may use our web contact form by CLICKING HERE.

8. Storage

You agree that the Site has no responsibility or liability for the deletion of, or the failure to store or to transmit, any content and other communications maintained by the Site. The Site retains the right to create limits on use and storage at our sole discretion at any time with or without notice.

9. Indemnity

You agree to indemnify and hold us, and our subsidiaries, affiliates, directors, officers, agents, vendors, or other partners and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of any material or information posted, provided, transmitted, or otherwise made available by you on the Site or through the Site's services, or by your violation of these Terms and Conditions, or by your violation of the rights of another.

10. Solicitation by the Site

We shall not solicit by the means of flyers, coupons, and other printed promotional items or electronic equivalents; verbal solicitations (in-person referrals); initiate telephone calls or send e-mails on behalf of The Tire Rack.

11. Disclaimers and Limitation of Liability

You understand and agree that the Site is provided "As-Is" and that we assume no responsibility for your ability to (or any costs or fees associated with your ability to) obtain access to the Site. Nor do we assume any liability for the failure to store or maintain any user communications or personal settings.

No advice or information, whether oral or written, obtained by you from the site or through or from its services shall create any warranty not expressly stated in these terms and conditions.

In no event shall the site or its owner be liable to you or any third party for any indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit damages arising from your use of the site or its services even if we have been advised of the possibility of such damages.

Some jurisdictions do not allow the disclaimer, exclusion, or limitation of incidental or consequential damages, so the foregoing disclaimer, exclusion, and limitation may not apply to you, and you may have other legal rights that vary according to jurisdiction. In no event will damages provided by law (if any) apply unless they are required to apply by statute, notwithstanding their exclusion by contract.

If there is any dispute about or involving the Site or its Services, you agree that the dispute shall be governed by the laws of the State of New York, USA, without regard to conflict of law provisions and you agree to exclusive personal jurisdiction and venue in the state and federal courts of the United States located in the State of New York, City of New York. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the federal district and state courts of New York with respect to such matters. We make no representation that materials on the Site are appropriate or available for use in other locations, and accessing them from territories where their content is illegal is prohibited. Those who choose to use or access the Site from other locations do so on their own initiative and are responsible for compliance with local laws.

Class Action Waiver: You agree that any dispute resolution proceedings against the site, its owners, or affiliates will be conducted only on an individual basis and not in a class, consolidated, or representative action. By using this site, you expressly waive your right to participate in a class-action lawsuit or class-wide arbitration.

The section titles and other headings in these Terms and Conditions are for convenience only and have no legal or contractual effect. Our failure to exercise or enforce any right or provision of these Terms and Conditions shall not operate as a waiver of such right or provision. If any provision of these Terms and Conditions is unlawful, void, or unenforceable, that provision is deemed severable and does not affect the validity and enforceability of any remaining provisions.