Disclaimer For Interactive Services
Macarthur
Motors maintains the interactive portion(s) of their Web site as a
service free of charge. By using any interactive services provided
herein, you are agreeing to comply with and be bound by the terms,
conditions and notices relating to its use.
1. As a condition of
your use of this Web site and the interactive services contained
therein, you represent and warrant to Macarthur
Motors that you will not
use this Web site for any purpose that is unlawful or prohibited by
these terms, conditions, and notices.
2. This Web site contains
one or more of the following interactive services: bulletin boards,
chat areas, news groups, forums, communities and/or other message or
communication facilities. You agree to use such services only to send
and receive messages and material that are proper and related to the
particular service, area, group, forum, community or other message or
communication facility. In addition to any other terms or conditions of
use of any bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities, you agree
that when using one, you will not:
- Publish, post, upload, distribute or disseminate any inappropriate,
profane, derogatory, defamatory, infringing, improper, obscene,
indecent or unlawful topic, name, material or information.
- Upload files that contain software or other material
protected by intellectual property laws or by rights of privacy of
publicity unless you own or control such rights or have received all
necessary consents.
- Upload files that contain viruses, corrupted files, or any
other similar software or programs that may damage the operation of
another's computer.
- Advertise any goods or services for any commercial purpose.
- Offer to sell any goods or services for any commercial purpose.
- Conduct or forward chain letters or pyramid schemes.
- Download for distribution in any manner any file posted by
another user of a forum that you know, or reasonably should know,
cannot be legally distributed in such manner.
- Defame, abuse, harass, stalk, threaten or otherwise violate
the legal rights (such as rights of privacy and publicity) of others.
- Falsify or delete any author attributions, legal or other
proper notices, proprietary designations, labels of the origin, source
of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other user from using and enjoying
any of the bulletin board services, chat areas, news groups, forums,
communities and/or other message or communication facilities.
3. Macarthur
Motors has no obligation to monitor the bulletin board
services, chat areas, news groups, forums, communities and/or other
message or communication facilities. However, Macarthur
Motors reserves
the right at all times to disclose any information deemed by Macarthur
Motors 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.
4. You
acknowledge that communications to or with bulletin board services,
chat areas, news groups, forums, communities and/or other message or
communication facilities are not private communications, therefore
others may read your communications without your knowledge. You should
always use caution when providing any personal information about
yourself or your children. Macarthur
Motors does not control or endorse
the content, messages or information found in any bulletin board
services, chat areas, news groups, forums, communities and/or other
message or communication facilities and, specifically disclaims any
liability with regard to same and any actions resulting from your
participation. To the extent that there are moderators, forum managers
or hosts, none are authorized Macarthur
Motors spokespersons, and their
views do not necessarily reflect those of Macarthur
Motors.
5.
The information, products, and services included on this Web site may
include inaccuracies or typographical errors. Changes are periodically
added to the information herein. Macarthur
Motors may make improvements
and/or changes in this Web site at any time. Advice received via this
Web site should not be relied upon for personal, legal or financial
decisions and you should consult an appropriate professional for
specific advice tailored to your situation.
6. MACARTHUR MOTORS
MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY,
TIMELINESS, AND ACCURACY OF THE INFORMATION, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEB SITE FOR ANY PURPOSE. ALL SUCH INFORMATION,
PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY
KIND.
7. MACARTHUR MOTORS HEREBY DISCLAIMS ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS, AND SERVICES
CONTAINED ON THIS WEB SITE, INCLUDING ALL IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
AND NON-INFRINGEMENT.
8. IN NO EVENT SHALL MACARTHUR MOTORS 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 WEB SITE,
- WITH THE DELAY OR INABILITY TO USE THIS WEB SITE,
- WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR
- FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED
GRAPHICS OBTAINED THROUGH THIS WEB SITE, OR OTHERWISE ARISING OUT OF
THE USE OF THIS WEB SITE, WHETHER BASED ON CONTRACT, TORT, STRICT
LIABILITY OR OTHERWISE, EVEN IF MACARTHUR MOTORS HAS BEEN ADVISED OF THE
POSSIBILITY OF DAMAGES.
9. DUE TO THE FACT THAT CERTAIN
JURISDICTIONS DO NOT PERMIT OR RECOGNIZE AN EXCLUSION OR LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION
MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THIS
WEB SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE
REMEDY IS TO DISCONTINUE USING THIS WEB SITE.
10. Macarthur
Motors reserves the right in its sole discretion to deny any user
access to this Web site, any interactive service herein, or any portion
of this Web site without notice, and the right to change the terms,
conditions, and notices under which this Web site is offered.
11.
This agreement is governed by the laws of the State of New South Wales,
Australia. You hereby consent to the exclusive jurisdiction and venue
of courts in New South Wales, Australia in all disputes arising out of
or relating to the use of this Web site. Use of this Web site is
unauthorized in any jurisdiction that does not give effect to all
provisions of these terms and conditions, including without limitation
this paragraph. You agree that no joint venture, partnership,
employment, or agency relationship exists between you and Macarthur
Motors as a result of this agreement or use of this Web site. The
performance of this agreement by Macarthur
Motors is subject to existing
laws and legal process, and nothing contained in this agreement is in
derogation of its right to comply with governmental, court and law
enforcement requests or requirements relating to your use of this Web
site or information provided to or gathered with respect to such use.
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but notlimited to,
the warranty disclaimers and liability limitations set forth above,
then the invalid or unenforceable provision will be deemed superseded
by a valid, enforceable provision that most closely matches the intent
of the original provision and the remainder of the agreement shall
continue in effect.
12. This agreement constitutes the entire
agreement between the user and Macarthur
Motors with respect to this Web
site and it supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written with respect to this Web
site. A printed version of this agreement and of any notice given in
electronic form shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the same extent
and subject to the same conditions as other business documents and
records originally generated and maintained in printed form. Fictitious
names of companies, products, people, characters and/or data mentioned
herein are not intended to represent any real individual, company,
product or event. Any rights not expressly granted herein are reserved.
13. Macarthur
Motors is located at 13 Blaxland Serviceway, Campbeltown NSW 2560 Australia
14. All contents of this Web site are: Copyright