TERMS AND CONDITIONS
GARAGEFLY, LLC ("GARAGEFLY") PROVIDES THIS WEB SITE (THE "SITE") TO YOU SUBJECT TO THESE TERMS AND CONDITIONS OF USE (THESE "SITE TERMS"). PLEASE READ THESE SITE TERMS CAREFULLY BEFORE USING THIS WEB SITE. BY ACCESSING OR USING THIS WEB SITE, YOU EXPLICITLY AGREE TO COMPLY WITH AND BE BOUND BY THESE SITE TERMS AND ALL TERMS, POLICIES AND GUIDELINES INCORPORATED BY REFERENCE HEREIN. IF YOU DO NOT AGREE TO ALL PROVISIONS OF THESE SITE TERMS, DO NOT USE THIS WEB SITE.
Garagefly reserves the right to change or modify any of the terms and conditions contained in these Site Terms, or any policy or guideline of the Site, at any time and in its sole discretion. Unless otherwise specified, any changes or modifications will be effective immediately upon posting of the revisions on the Site, and your continued use of the Site will constitute your acceptance of such changes or modifications. You should review the Site Terms and its incorporated policies and documents from time to time to understand the terms and conditions that apply to your use of the Site. If you do not agree to any amended terms, do not use this site.
You may not use this site if you are under the age of 13. Our Site is a general audience site that is not designed nor intended for children under the age of 13.
In these Site Terms, “Content” means text, images, photos, audio, video, files, code, location data, and all other forms of data or communication. "Your Content" means Content that you post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish on the Site in connection with discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobile-related experiences or other content, messages, materials or items related to the Site and Site Content ("Interactive Areas"). “Third Party Content” means Content that a third party posts, uploads, distributes, stores, creates, submits or transmits to, through, or otherwise publishes on the Site in connection with Interactive Areas
Ownership and Copyright
Except as otherwise indicated, the Site and its Content, including, without limitation, the Garagefly logo, and the selection and arrangement of the Content on the Site (collectively, the "Site Content") are the proprietary property of Garagefly or its licensors and are protected by U.S. and international copyright laws. The Site and all Site Content is © 2006 - 11 Garagefly, All Rights Reserved.
GARAGEFLY, the Garagefly logo and all other product or service names or slogans displayed on the Site are registered and/or common law trademarks of Garagefly and/or its suppliers or licensors, and may not be copied, imitated or used, in whole or in part, without the prior written permission of Garagefly or the applicable trademark holder. In addition, the look and feel of the Site, including all page headers, custom graphics, button icons and scripts, are the service mark, trademark and/or trade dress of Garagefly and may not be copied, imitated or used, in whole or in part, without the prior written permission of Garagefly. All other trademarks, registered trademarks, product names and company names or logos mentioned in the Site are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Garagefly.
Subject to the terms, conditions and restrictions set forth in these Site Terms, Garagefly grants you a limited, non-exclusive, personal, nonsublicensable and revocable license to access and use the Site and to view, copy and print portions of the Site Content (the "License"). The License is specifically conditioned upon the following: (i) you may only view, copy and print portions of the Site Content for your own informational, personal and non-commercial use; (ii) you may not modify or otherwise make derivative uses of the Site or the Site Content, or any portion thereof; (iii) any displays or printouts of Site Content must be marked "© 2006 - 11, Garagefly and its licensors, All rights reserved."; (iv) you may not remove or modify any copyright, trademark or other proprietary notices that have been placed in the Site Content; (v) you may not use any data mining, robots or similar data gathering or extraction methods; (vi) you may not use the Site or the Site Content other than for its intended purpose; and (vii) you may not reproduce, prepare derivative works from, distribute or display the Site or any Site Content (other than for page caching), except as provided herein. Except as expressly permitted above, any use of any portion of the Site or Site Content without the prior written permission of Garagefly is strictly prohibited and will terminate the License.
Your unauthorized use of the Site or Site Content may also violate applicable laws including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Except as expressly stated in these Site Terms, you are not conveyed or granted, and nothing on the Site may be construed as conveying or granting any right or license, by implication, estoppel or otherwise, in or under any patent, trademark, copyright, or other intellectual or proprietary right of Garagefly or any third party.
You represent and warrant that your use of the Site and the Site Content will be consistent with the License and will not infringe, misappropriate or violate the rights of Garagefly or any other party or breach any contract or legal duty to Garagefly or any other party, or violate any law. You expressly agree to indemnify Garagefly against any liability to any person arising out of your use of the Site or Site Content.
To request permission for uses of Site Content not included in the License, you may contact Garagefly as follows:
Director of Development
1444 W. 10th Place
Tempe, AZ 85281
You are granted a limited, non-exclusive, personal, non-sublicensable and revocable right to create a text hyperlink to the Site for non-commercial purposes, provided such link does not portray Garagefly or any of its products or services in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. You may not use a Garagefly logo or other proprietary graphic of Garagefly to link to the Site without the express written permission of Garagefly. Further, you may not use, frame or utilize framing techniques to enclose any Garagefly trademark, logo or other proprietary information, including the images found at the Site, the content of any text, or the layout or design of any page or form contained on a page on the Site without Garagefly's express written consent.
The Site may contain links to third-party Web sites ("Third-Party Sites") and third-party content ("Third-Party Content") as a service to those interested in this information. You use links to Third-Party Sites, and any Third-Party Content therein, at your own risk. Garagefly does not monitor or have any control over, and makes no claim or representation regarding, Third-Party Content or Third-Party Sites. Garagefly provides these links only as a convenience, and a link to a Third-Party Site or Third-Party Content does not imply Garagefly's endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Site or Third-Party Content. Garagefly accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of, Third-Party Content, Third-Party Sites, or Web sites linking to the Site. You should review applicable terms and policies, including privacy policies and data gathering practices, of any Third-Party Site, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site contains Interactive Areas. You are solely responsible for your use of such Interactive Areas and you use them at your own risk. By using any Interactive Areas, you expressly agree not to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish through the Site any of the following:
Any Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable; Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, foreign, or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission or any applicable rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange or NASDAQ; Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party; Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity; Unsolicited promotions, political campaigning, advertising or solicitations; Private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, credit card numbers and the like; viruses, corrupted data or other harmful, disruptive or destructive files; Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or Content that is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose Garagefly or its affiliates or its users to any harm or liability of any type.
Garagefly takes no responsibility and assumes no liability for Your Content and any Third Party Content, or for any loss or damage thereto, nor is Garagefly liable for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Garagefly is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or other Interactive Area. Garagefly reserves the right to remove, without notice, any Content posted or stored on the Site if it violates these Site Terms or is otherwise unlawful or illegal.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Site Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site.
Rights to User Content
By posting or distributing Your Content, unless we indicate otherwise, you (a) grant Garagefly and its affiliates a nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sublicensable right to use, reproduce, modify, adapt, translate, distribute, publish, create derivative works from and publicly display and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant Garagefly and its affiliates and sublicensees the right to use the name that you submit in connection with Your Content, if they choose to do so; and (c) represent and warrant that (i) you own and control all of the rights to Your Content, or you otherwise have the lawful right to post, upload, distribute, store, create, submit or transmit to, through, or otherwise publish Your Content on the Site; (ii) Your Content is accurate and not misleading; and (iii) posting, uploading, distributing, storing, creating, submitting or transmitting Your Content does not violate these Site Terms and will not violate any rights of or cause injury to any person or entity. You further grant Garagefly the right to pursue at law or in equity any person or entity that violates your or Garagefly's rights in Your Content by a breach of these Site Terms.
Your Content and all Content submitted by users will be considered non-confidential and non-proprietary and Garagefly is under no obligation to treat Your Content and any other user Content as proprietary information. Garagefly reserves the right to use Your Content as it deems appropriate in its sole and absolute discretion. Garagefly is under no obligation to offer you any payment for Your Content that you submit or the opportunity to edit, delete or otherwise modify Your Content once it has been submitted to Garagefly. Garagefly will have no duty to attribute authorship of Your Content to you.
If it is determined by a court of competent jurisdiction that you retain moral rights (including rights of attribution or integrity) in Your Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Your Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Your Content by Garagefly or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of Your Content; and (d) you forever release Garagefly, and its licensees, successors and assigns, from any claims that you could otherwise assert against Garagefly by virtue of any such moral rights.
Advertisements and Promotions
Garagefly may run advertisements and promotions from third parties on the Site. Your business dealings or correspondence with, or participation in promotions of, advertisers other than Garagefly, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. Garagefly is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence, or content of third-party advertisers' advertisements and promotions on the Site.
If you believe that material posted on the Site infringes upon any copyright that you own or control, or that any link on the Site directs users to another Web site that contains materials that infringes upon any copyright that you hold or control, you may file a notification of such infringement with our Designated Agent as set forth below:
Name of Agent Designated to Receive Notification of Claimed Infringement: Director of Content
Full Address of Designated Agent to Whom Notification Should be Sent: Director of Content, Garagefly , 1444 W. 10th Place, Tempe, AZ 85281, USA
Telephone Number of Designated Agent: (480) 776-2552
Facsimile Number of Designated Agent (480) 517-9734
Email Address of Designated Agent: copyrightissues@Garagefly.com
Any notification must include the following information:
- Identity of the copyrighted work that you claim has been infringed, or, if multiple works, a representative list of the copyrighted works that you claim have been infringed.
- Identification of the material that you claim is infringing and where it is located on the Site.
- Your street or mailing address, telephone number and email address.
- A statement by you that you have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
- A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner, or are authorized to act on the copyright owner's behalf.
- Electronic or physical signature of the copyright owner or of a person authorized to act on the copyright owner's behalf.
We may give notice of a claim of copyright infringement to our users by means of a general notice on the Site, electronic mail to a user's email address in our records, or by written communication sent by first-class mail to a user's address in our records. We may also publicly post any
Repeat Infringer Policy
In accordance with the Digital Millennium Copyright Act ("DMCA") and other applicable law, Garagefly has adopted a policy of terminating, in appropriate circumstances and at Garagefly's sole discretion, subscribers or account holders who are deemed to be repeat infringers. Garagefly may also at its sole discretion limit access to the Site and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
Registration Data; Account Security
You agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password; (c) maintain and promptly update the Registration Data, and any other information you provide to Garagefly, and to keep it accurate, current and complete; and (d) accept all risks of unauthorized access to the Registration Data and any other information you provide to Garagefly.
EXCEPT AS EXPRESSLY PROVIDED TO THE CONTRARY IN A WRITING BY GARAGEFLY, THE SITE, THE MATERIALS CONTAINED THEREIN AND THE SERVICES PROVIDED ON OR IN CONNECTION THEREWITH (THE "SERVICES") AND THE SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GARAGEFLY EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SERVICES, INFORMATION, SITE CONTENT, CONTENT AND MATERIALS ON THE SITE. GARAGEFLY DOES NOT REPRESENT OR WARRANT THAT THE SITE, SITE CONTENT, MATERIALS IN THE SITE OR THE SERVICES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE, AND EXPRESSLY DISCLAIMS ANY WARRANTY OR REPRESENTATION AS TO THE ACCURACY OR PROPRIETARY CHARACTER OF THE SITE, THE SITE CONTENT OR ANY PORTION THEREOF.
GARAGEFLY IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT OR PHOTOGRAPHY. WHILE GARAGEFLY ATTEMPTS TO MAKE YOUR ACCESS TO AND USE OF THE SITE AND THE SERVICES SAFE, GARAGEFLY CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND DISINFECT VIRUSES.
LIMITATION OF LIABILITY
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER AGAINST GARAGEFLY, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, ATTORNEYS, EMPLOYEES OR AGENTS ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SITE, THE SERVICES, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING, WITHOUT LIMITATION, ANY CLAIMS OR ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, ALLEGED INACCURACY OF SITE CONTENT, OR ALLEGATIONS THAT GARAGEFLY HAS OR SHOULD INDEMNIFY, DEFEND OR HOLD HARMLESS YOU OR ANY THIRD PARTY FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE. YOU USE THE SITE AT YOUR OWN RISK.
WITHOUT LIMITATION OF THE FOREGOING, NEITHER GARAGEFLY NOR ANY PARTIES PROVIDING SITE CONTENT WILL BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE, THE SERVICES, THE SITE CONTENT, THE CONTENT OR THE MATERIALS CONTAINED IN OR ACCESSIBLE THROUGH THE SITE, INCLUDING WITHOUT LIMITATION ANY DAMAGES CAUSED BY OR RESULTING FROM YOUR RELIANCE ON ANY SITE CONTENT OR OTHER INFORMATION OBTAINED FROM GARAGEFLY OR ACCESSIBLE VIA THE SITE, OR THAT RESULT FROM MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR EMAIL, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GARAGEFLY'S RECORDS, PROGRAMS OR SERVICES.
IN NO EVENT WILL THE AGGREGATE LIABILITY OF GARAGEFLY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF THE SITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO GARAGEFLY FOR ACCESS TO OR USE OF THE SITE.
BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Applicable Law and Venue
You explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Site will be governed by the laws of the State of Arizona, without regard to its conflicts of law principles. You agree that all claims you may have against Garagefly arising from or relating to the Site will be heard and resolved in a court of competent subject matter jurisdiction located in Maricopa County, Arizona. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Site from locations other than Maricopa County, Arizona, you will be responsible for compliance with all local laws of such other jurisdiction.
Termination/Modification of License and Site Offerings
Notwithstanding any provision of these Site Terms, Garagefly reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Site, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Site, Site Content or Services; (c) change, suspend or discontinue any aspect of the Site, Site Content or Services; and (d) impose limits on the Site, Site Content or Services.
If any provision of these Site Terms will be deemed unlawful, void or for any reason unenforceable, then that provision will be deemed severable from these Site Terms and will not affect the validity and enforceability of any remaining provisions.
Questions and Comments
If you have any questions regarding these Site Terms or your use of the Site, please submit them to us by emailing us at: email@example.com