TERMS OF USE
This page states the Terms and Conditions (the “General Terms” or the “Agreement”) under which
any User (“User”) may use America’s Driving Force and its affiliates Web Sites
located at https://www.americasdrivingforce.com (the “Website”). Please, read this page
carefully. By accessing and using the Website, the User accepts and agrees to be bound, without
modification, limitation or qualification, by these Terms. If the User does not accept any of the Terms
stated here, the User must not use the Web Sites. The right to access and use the Web Sites is not
transferable to any person or entity. America’s Driving Force (“ADF”) may, at its sole
discretion, modify or revise these Terms at any time by updating this posting. Users are bound by
any such modification or revision and should therefore visit the Terms & Conditions page periodically
to review the Terms.
YOUR USE OF THE WEBSITE CONSTITUTES YOUR AGREEMENT TO ALL TERMS,
CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB
SITES.
GENERAL TERMS
Section 1. Changes
ADF reserves the right at any time and from time to time, to modify or discontinue, temporarily or permanently, the Web Site and any and all features and sections contained therein, with notice to registered users provided via posting to the Website or email, and immediately in the event of technical difficulties. ADF shall not be liable to any User or to any third party for any such modification, suspension or discontinuance.
Section 2. IP Rights and Ownership
The contents of the Web Sites, such as text, graphics, images, audio, video and other material, as
well as the underlying HTML source code of the Web Sites (“Material”) are protected by copyright
under both United States and foreign laws and are owned or controlled by ADF or by third parties that have licensed their Material to ADF. The unauthorized use of the Material may violate copyright, trademark, and other laws. User must
retain all copyright and other proprietary notices contained in the original Material on any copy User
makes of the Material. Users may not modify, publish, transmit, participate in the transfer or sale,
create derivative works, or in any way exploit, any of the Material, in whole or in part or reproduce,
display, publicly perform, distribute, or otherwise use the Material in any way for any public or
commercial purpose. Users may download ADF copyrighted material
for User’s personal use only. Except as otherwise expressly permitted under copyright law, no
copying, redistribution, retransmission, publication or commercial exploitation of the Material will be
permitted without the express permission of ADF and the copyright
owner. In the event of any permitted copying, redistribution or publication of the Material, no changes
in or deletion of author attribution, trademark legend or copyright notice shall be made. The user
acknowledges that it does not acquire any ownership rights by downloading the Material. The
trademarks, logos and service marks (the “Marks”) displayed on the Web Sites are owned by ADF or third parties. User is prohibited from using those Marks without the express, written permission of ADF or such third party. If User would like information about obtaining ADF’s permission to use the Material
on Your website, e-mail [email protected]. and all
related logos, whether or not registered, are trademarks belonging to ADF. All rights reserved. All other trademarks appearing on the Web Sites are the property of their respective owners.
Section 3. Links
ADF, [or any Member] may provide links to third-party websites. These
links are provided solely as a convenience to the User and not as an endorsement by ADF of the contents on such third-party Web Sites. ADF is not responsible for the content of linked third-party sites. ADF exercises no control whatsoever over such other websites and web-based resources,
does not make any representations regarding the content or accuracy of materials on such third-party Web Sites and is not responsible or liable for the availability thereof or the content, advertising,
products or other materials contained thereon. ADF shall not be
responsible or liable, directly or indirectly, for any damage or loss incurred or suffered by any user in
connection therewith. Users acknowledge their use of these third-party websites is at their sole risk.
Section 4. Representations and Warranties – Liability Disclaimers
User represents, warrants and covenants that (a) they will use the Web Sites for lawful purposes
only (b) no materials of any kind submitted through their account which (i) violate or infringe in any
way upon the rights of others, (ii) are unlawful, threatening, abusive, defamatory, vulgar, obscene or
profane in the sole discretion of ADF, (iii) encourage conduct that
would constitute a criminal offence, give rise to civil liability or otherwise violate any law, or (iv)
contains any advertising or solicitation with respect to products or services (without the express prior
written approval of ADF). The Material may contain inaccuracies or
typographical errors. ADF makes no representations warranties or
endorsements with regard to the accuracy, reliability, completeness, or timeliness of the Material or
about the results to be obtained from using the Web Sites and the Material. Advice received via this
Web Sites should not be relied upon for personal, legal or financial decisions and Users should
consult an appropriate professional for specific advice tailored to their situation.
USER EXPRESSLY AGREES THAT THE USE OF THE WEBSITE IS AT THE USER’S SOLE RISK.
NEITHER ADF, ITS AFFILIATES NOR ANY OF THEIR
RESPECTIVE EMPLOYEES, AGENTS, THIRD-PARTY CONTENT PROVIDERS OR LICENSORS
WARRANT THAT THE WEBSITES WILL RUN UNINTERRUPTED OR ERROR-FREE; NOR DO
THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
THE WEBSITES. THE WEB SITES IS PROVIDED ON AN “AS IS” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED
TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY
AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS
APPLICABLE TO THIS AGREEMENT. THIS DISCLAIMER OF LIABILITY APPLIES TO ANY
DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION,
INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION,
COMPUTER VIRUS TROJAN BACK DOOR LOGIC BOMB OR ANY OTHER FORM OF
MALICIOUS CODE, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR
UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR
BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER
CAUSE OF ACTION. THE USER SPECIFICALLY ACKNOWLEDGES THAT ADF IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES AND THE RISK OF INJURY
THE FOREGOING RESTS ENTIRELY WITH THE USER.
Section 5. Disclaimers of Certain Damages
IN NO EVENT SHALL ADF AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL
DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES
FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED
WITH THE USE OR PERFORMANCE OF THIS WEBSITE, THE DELAY OR INABILITY TO USE
THIS WEBSITE, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY
INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED
THROUGH THIS WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THIS WEB
SITES, WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN
IF ADF OR ANY OF ITS SUPPLIERS HAS BEEN
ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR OR CONSEQUENTIAL OR
FOR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO THE USER. IF USER IS
DISSATISFIED WITH ANY PORTION OF THIS WEB SITES, OR WITH ANY OF THESE TERMS
OF USE, THE USER’S SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THIS WEB
SITES. UNDER NO CIRCUMSTANCES SHALL ADF BE
LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OF THE Web Sites. SUCH
LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF ANY AND ALL
DAMAGES INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL,
CONSEQUENTIAL, SPECIAL AND EXEMPLARY DAMAGES ARISING FROM ANY USE OF THE
WEB SITES, INCLUDING ANY DAMAGES THAT MAY BE INCURRED BY THIRD PARTIES.
Section 6. Indemnity
User agrees to defend, indemnify, and hold harmless ADF and it’s
affiliates, officers, directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees, alleging or resulting
from any use of the Web Sites and any Material contained therein by User or through User’s
account, or by User’s breach of the terms of this Agreement. ADF shall provide notice to User promptly of any such claim, suit, or proceeding and shall assist User, atvUser’s expense, in defending any such claim, suit or proceeding. ADF
reserves the right, at its own expense, to assume the exclusive defence and control of any matter
subject to indemnification by the User.
Section 7. User Information
ADF is committed to maintaining User privacy. ADF does, however, gather certain information that the User provides to the Web Sites. ADF believes that by collecting this information ADF is able to provide Users with a personalized web experience and to assist its own sales
team in efficiently reaching an appropriate audience. The information ADF requests is the minimum we believe necessary to achieve this goal. ADF may use the information it obtains relating to the User, including User IP address, name, mailing address, email address and use of the Web Sites, for its internal business and marketing
purposes and may disclose the information to authorized third parties for such purposes. For further
details on ADF’s policies for using User information please read our
Privacy Policy (https://americasdrivingforce.com/privacy-policy).
Section 8. General
All legal issues arising from or related to the use of the Web Sites shall be construed in accordance
with and determined by the laws of the State of Delaware applicable to contracts entered into and
performed within the State of Delaware, without respect to its conflict of laws principles. By using the
Web Sites, User agrees that the exclusive forum for any claims or causes of action arising out of
User’s use of the Web Sites shall be in the state court of Delaware. User hereby irrevocably
waives, to the fullest extent permitted by law, any objection which User may now or hereafter have to
the laying of the venue of any such proceeding brought in such a court and any claim that any such
proceeding brought in such a court has been brought in an inconvenient forum. If any provision of
this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of
such provision shall not affect the validity of the remaining provisions of this Agreement, which shall
remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or
continuing waiver of such term or any other term. This Agreement constitutes the entire Agreement
between User and ADF with respect to the use of Web Sites. Any
changes to this Agreement must be made in writing, signed by an authorized representative of ADF. The section headings used herein are for convenience only and shall not be given any legal import.
SPECIFIC TERMS
This page states the Terms and Conditions (the “Specific Terms” or the “Agreement”) under which
any User (“You”) may use America’s Driving Force (“ADF”) Websites located
at https://www.americasdrivingforce.com (the “Website”). Please read this page carefully.
By accessing and using the Web Sites, the User accepts and agrees to be bound, without modification,
limitation or qualification, by both the General Terms & Conditions for use of the ADF site and these additional Member Terms. If the User does not accept any
of the Terms stated here, he/she must not use the Web Sites. The right to access and use the Web
Sites is not transferable to any person or entity. ADF may,
at its sole discretion, modify or revise these Terms at any time by updating this posting. Users are
bound by any such modification or revision and should therefore visit the Terms & Conditions page
periodically to review the Terms. Each User is responsible for all use of his/her information and is
responsible for maintaining the confidentiality of his/her password. These Specific Terms and
Conditions incorporate the General Terms of Conditions of the ADF
site by reference. Each User hereby understands that he/she is bound by all General and Specific
terms and conditions which may be implemented by ADF from time to
time. YOUR USE OF THE WEB SITES CONSTITUTES YOUR AGREEMENT TO ALL TERMS,
CONDITIONS, AND NOTICES CONTAINED HEREIN OR OTHERWISE POSTED ON THE WEB
SITES.
Section 1 Submissions
All information, data, text, software, music, sound, photographs, graphics, video, messages or any
other materials whatsoever (collectively, “User Content”), whether publicly posted or privately
transmitted, are the sole responsibility of the person from which such User Content originated. This
means that the User, and not ADF, is entirely responsible for all User
Content that he or she uploads, posts, emails or otherwise transmits via the Web Sites. No User
shall transmit User Content or otherwise conduct or participate in any activities on the Web Sites
which, in the opinion of ADF’s counsel, are prohibited by law in
applicable jurisdictions, including, without limitation, material or activities which (1) infringe any
patent, trademark, copyright, trade secret or other proprietary rights of any party (the “Rights”), unless
The user is the owner of the rights or has the express written permission of the owner to post or transmit
such material to the Web Sites; (2) infringe on any other intellectual property rights of others or on
the privacy or publicity rights of others; (3) is obscene, defamatory, threatening, harassing, abusive,
hateful, embarrassing or otherwise objectionable to another User or any other person or entity; (4) is
sexually-explicit; (5) is an advertisement or solicitation of business or advocates an unsolicited or
unrelated position or opinion; (6) represents any form of “chain letters” or pyramid scheme; (7)
impersonates another person or entity; (8) intentionally or unintentionally violates any applicable
local, state, national or international law while using or accessing the Web Sites or the Materials; or
(9) contains a virus, trojan, back door, logic bomb or any other form of malicious code. User hereby
waives all copyright, moral rights and any other right to any User Content which he/she submits, and
grants to ADF a royalty-free perpetual irrevocable non-exclusive right
and license to use, reproduce, modify adapt, publish, translate perform, display and distribute such
User Content, in whole or in part, worldwide and/or to incorporate it into other works in any form,
media or technology is not known or hereinafter developed for the full term of any copyright in such
User Content, and to sublicense such rights through multiple tiers of sub-licensees. User also hereby
grant all other Users the right to copy, download and store his/her User Content for User’s personal
use. ADF does not control User Content. ADF has the right but not the obligation to monitor submissions by Users, and reserves the right to modify, move or remove any User Content at any time and for any reason in its sole
discretion, as well as the right to terminate User access to the Website for any reason in its sole
discretion including, without limitation, foul language, attempted commercial use of the Web Sites,
threats, discriminatory, racist or abusive language, or any behavior which is deemed objectionable
by ADF Users are responsible for their own communications and are solely responsible for the consequences of posting any User Content. ADF does not screen communications in advance and is not responsible for screening or monitoring material posted by Users. If notified by a User about communications that allegedly do not conform to any term of this Agreement, ADF may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. ADF has no liability or responsibility to Users for the performance or nonperformance of such activities. ADF reserves the right, in its sole discretion, to restrict Users’ access to the Web Sites for violating this Agreement or
the law. ADF also reserves the right at all times to disclose any
information as necessary to satisfy any applicable law, regulation, legal process or governmental
request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in
ADF’s sole discretion.
ADF DOES NOT ENDORSE, SUPPORT, REPRESENT
OR GUARANTEE THE TRUTHFULNESS, ACCURACY, OR RELIABILITY OF ANY USER
CONTENT OR ENDORSE ANY OPINIONS EXPRESSED BY USERS. EACH USER
ACKNOWLEDGES THAT ANY RELIANCE ON USER CONTENT POSTED BY OTHER USERS
WILL BE AT HIS/HER SOLE RISK.
Section 2. Communication
ADF reserves the right to send User’s electronic mail on ADF’s or affiliated partners’ behalfs for the purpose
of informing Members of updates or changes or additions to the Web Sites, this Agreement and any other
service provided by ADF.