Terms of Service
PLEASE READ THESE TERMS OF USE VERY CAREFULLY.
Welcome to our complimentary information and interactive community service website located under the “sdautoshow.com” domain (“Website”). BY USING THE WEBSITE, YOU ARE AGREEING TO COMPLY WITH AND BE BOUND BY THE FOLLOWING TERMS OF USE (“Terms of Use”). For purposes of these Terms of Use, the terms “We,” “Us,” Our” and “ NCDA” refer to New Car Dealers Association San Diego County; and the terms “You” refers to you as a user of this Website. NCDA reserves the right to change these Terms of Use at any time, without notice to You, and You must consult the most recent version of these Terms of Use (not an older cache version) each time you view the Website. Use of this Website constitutes Your acceptance of all the following terms and conditions, in their current form or as modified.
Description of Website.
This Website provides information about the 2008 San Diego International Auto Show®, including, but not limited to, purchasing admission tickets, the event’s venue, becoming an exhibitor, and, of course, the vehicles. NCDA ASSUMES NO RESPONSIBILITY OR LIABILITY FOR THE TIMELINESS, DELETION, MIS-DELIVERY OR FAILURE TO STORE ANY USER COMMUNICATIONS OR PERSONALIZATION DATA OR SETTINGS. ALL SUCH RISKS SHALL BE BORNE BY YOU.
License.
Subject to your performance of all of the provisions of these Terms of Use, NCDA hereby grants you, a limited, terminable, personal, non-exclusive license to access and use the Website solely as provided herein and not to download (other than page caching and other than the discount coupon that you may be permitted to download through links on the Website) or modify the Website or any information or data therein. You may use the Website to browse NCDA’s information about the 2008 San Diego International Auto Show®, request information from and to communicate with us. Notwithstanding anything to the contrary herein, all rights not specifically granted in the license set forth above shall be reserved and remain always with NCDA. No minors may use or access the Website. By agreeing to these Terms of Use, you hereby warrant that you are at least 18 years of age and are legally capable of agreeing to these Terms of Use. We will not be liable for any loss or damage arising from your failure to comply with these terms. Your right to use the Website is not transferable. You will use the Website in accordance with all applicable laws. NCDA may, without notice, terminate Your access to the Website or take other actions as are reasonably necessary to comply with legal requirements.
Prohibited Uses.
You shall not engage in unacceptable use of the Website, which includes, without limitation, use of the Website to: (a) disseminate, store or transmit unsolicited messages, chain letters or unsolicited commercial email; (b) disseminate or transmit material that, to a reasonable person may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening or malicious; (c) disseminate, store or transmit files, graphics, software or other materials that actually or potentially infringe the copyright, trademark, patent, trade secret or other intellectual property right of any person; (d) export, re-export or permit downloading of any message or content in violation of any export or import law, regulation or restriction of the United States and its agencies or authorities, or without all required approvals, licenses or exemptions; (e) interfere, disrupt or attempt to gain unauthorized access to other accounts on the Website or any other computer network or to portions of the Website that are restricted; or (f) disseminate, store or transmit viruses, trojan horses or any other malicious code or program.
Modifications to the Website.
NCDA reserves the right at any time to modify or discontinue, temporarily or permanently, the Website (or any part thereof) with or without notice. You agree that NCDA shall not be liable to You or to any third party for any modification, suspension, or discontinuance of the Website.
Termination.
NCDA may terminate Your access to the Website at any time, for any reason, with our without notice to You. NCDA shall not be liable to You or any third party for any termination of Your access to the Website.
Fees and Expenses.
You are responsible for obtaining, installing and maintaining your own internal equipment and communications services necessary to access and use the Website. You shall be solely responsible for any telephone charges, Internet access fees, and other such similar fees and expenses that you incur by accessing the Website.
Privacy.
Any and all information that we obtain from you, or from transactions processed through the Website, including names, addresses, telephone numbers, e-mail addresses and any other information concerning use, transactions, and traffic through the Website may be collected and used by us as provided in our Privacy Policy which can be accessed through the Privacy Policy link at www.sdautoshow.com.
Disclaimer of Warranty.
THE WEBSITE AND ALL CONTENT HEREIN ARE PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND. USE OF THE WEBSITE IS AT YOUR SOLE RISK AND NEITHER NCDA NOR ANY OF ITS EMPLOYEES OR AGENTS WARRANT THAT THE WEBSITE WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ERRORS WILL BE CORRECTED. NCDA EXPRESSLY DISCLAIMS ALL WARRANTIES ABOUT THE WEBSITE AND ALL CONTENT HEREIN, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND ANY WARRANTIES RELATING TO NON-INFRINGEMENT OF THIRD PARTY RIGHTS. THE WEBSITE IS A BUSINESS PRODUCT, THE APPLICATION OF WHICH IS COMMERCIAL, RATHER THAN CONSUMER-ORIENTED, IN NATURE. IN ACCEPTING THESE TERMS OF USE, YOU RECOGNIZE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THAT CONSUMER PROTECTION LAWS DO NOT APPLY TO THE TRANSACTIONS CONTEMPLATED HEREBY.
Indemnification.
You will defend, indemnify and hold NCDA and its officers, directors, employees, and volunteers harmless from all claims, damages, expenses, liabilities and losses, including without limitation attorney’s fees and costs incurred, whether or not a lawsuit or other action is filed, arising out of or related to (i) Your access or use of, or Your inability to access of use, this Website or the information contained in this Website or the other websites to which it is linked; and (ii) any of the communications or content that You submit to any part of the Website.
Limitation of Liability.
NCDA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, WHETHER FORESEEABLE OR NOT, THAT ARE IN ANY WAY RELATED TO THESE TERMS OF USE, THE BREACH THEREOF, THE USE OR INABILITY TO USE THE WEBSITE, THE RESULTS GENERATED FROM THE USE OF THE WEBSITE, LOSS OF GOODWILL OR PROFITS, LOST BUSINESS HOWEVER CHARACTERIZED AND/OR FROM ANY OTHER CAUSE WHATSOEVER.
Endorsements.
You acknowledge that the opinions and recommendations contained in this Website are not necessarily those of NCDA or endorsed by NCDA. NCDA may provide links on the Website to other websites which are not under the control of NCDA. In general, any website which has an address (or URL) which does not contain “sdautoshow.com” or "ncda.com" is such a website. These links are provided for convenience of reference only and are not intended as an endorsement by NCDA of the organization or individual operating the website or a warranty of any type regarding the website or the information on the website.
Use of Content.
The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Website are protected under applicable U.S. and international copyright, trademark and other proprietary (including but not limited to intellectual property) rights. Unless otherwise indicated, NCDA exclusively owns all worldwide right, title and interest in and to all documentation, software, contents, graphics, designs, data, computer codes, ideas, know-how, “look and feel,” compilations, magnetic translations, digital conversions and other materials included within the Website and related to the Website, and all modifications and derivative works thereof, and all intellectual property rights related thereto.
None of the material herein may be downloaded, distributed, reproduced, republished, posted, transmitted or copied in any form or by any means, without the prior written permission of NCDA, and/or the copyright owner, except that (i) You may make such temporary copies in a single computer's RAM and hard drive cache as are necessary to browse the Website; and (ii) You may make a single hard copy of the content displayed on any page of the Website to be used by You for personal and noncommercial uses which do not harm the reputation of the NCDA, provided that You do not remove any trademarks, copyright, and any other notice contained in such content.
General Terms and Conditions.
These Terms of Use shall be interpreted and enforced according to the laws of the State of California, without application of its conflicts or choice of law rules. These Terms of Use and the provision of the Website shall be deemed to be entirely performed in San Diego, California. You hereby irrevocably submit to the jurisdiction of the state or federal courts located in San Diego, California, for any action or proceeding regarding the Website or these Terms of Use, and You hereby waive any right to object to the jurisdiction or venue of the courts in San Diego, California. In the event a dispute arises regarding the Website or these Terms of Use, the prevailing party shall be entitled to its reasonable attorneys’ fees and expenses incurred in addition to any other relief to which it is entitled. Our failure to enforce any provision of these Terms of Use shall not be deemed either a waiver of such provision or a waiver of the right to enforce such provision. If any provision, or part thereof, of these Terms of Use is judicially declared invalid, void or unenforceable, each and every other provision, or part thereof, nevertheless shall continue in full force and effect, and the unenforceable provision shall be changed or interpreted so as best to accomplish the objectives and intent of such provision within the limits of applicable law. You have no right to assign, delegate, transfer or otherwise encumber these Terms of Use or any portion thereof without NCDA’s prior written consent.
