Terms of Use
(1) Â Â Introduction
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These terms of use govern your use of our website; by using our website, you accept these terms of use in full.
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If you disagree with these terms of use or any part of these terms of use, you must not use our website.
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If you register with our website, we will ask you to expressly agree to these terms of use.
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(2) Â Â License to use website
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Unless
otherwise stated, we or our licensors own the intellectual property
rights in the website and material on the website. Â Subject to the license below, all these intellectual property rights are reserved.
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You
may view, download for caching purposes only, and print pages or OTHER
CONTENT from the website for your own personal use, subject to the
restrictions set out below and elsewhere in these terms of use.Â
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You must not:
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(a) Â Â republish material from this website (including republication on another website);
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(b) Â Â sell, rent or sub-license material from the website;
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(c) Â Â show any material from the website in public;
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(d) Â Â reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;
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(e) Â Â edit or otherwise modify any material on the website; or
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(f)
  redistribute material from this website except for content
specifically and expressly made available for redistribution (such as
our newsletter).
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Where content is specifically made available for redistribution, it may only be redistributed within your organization
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(3) Â Â Acceptable use
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You
must not use our website in any way that causes, or may cause, damage
to the website or impairment of the availability or accessibility of the
website; or in any way which is unlawful, illegal, fraudulent or
harmful, or in connection with any unlawful, illegal, fraudulent or
harmful purpose or activity.
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You must not use our
website to copy, store, host, transmit, send, use, publish or distribute
any material which consists of (or is linked to) any spyware, computer
virus, Trojan horse, worm, keystroke logger, rootkit or other malicious
computer software.
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You must not conduct any
systematic or automated data collection activities (including without
limitation scraping, data mining, data extraction and data harvesting)
on or in relation to our website without our express written consent.
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You must not use our website to transmit or send unsolicited commercial communications.
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You must not use our website for any purposes related to marketing without our express written consent.Â
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If
we provide you with a user ID and password to enable you to access
restricted areas of our website or other content or services, you must
ensure that that user ID and password is kept confidential. Â We may
disable your user ID and password in our sole discretion without notice
or explanation.
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(4) Â Â Merchant links
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Our website includes links to third party merchant websites selling goods and/or services. Â These links are not recommendations.
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You acknowledge that:
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(a) Â Â we do not vet third party merchants;
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(b)
  we do not check, audit, monitor or control: the identity, credit
worthiness or bona fides of third party merchants, the security of third
party merchant websites, or the accuracy of the information published
on third party merchant websites;
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(c) Â Â we are
not party to any contract for the sale or purchase of goods or services
entered into between you and a third party merchant; and
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(d)
  our website contains information supplied by third party merchants,
and we do not check, audit or monitor the accuracy of that information;
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and
accordingly we will not be liable to you in relation to any loss or
damage arising out of any third party merchant website, any information
supplied by a third party merchant, any offer made by a third party
merchant, or any contract between you and a third party merchant.
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Furthermore,
we are not responsible for the enforcement of any obligations arising
out of a contract between you and a third party merchant, and we will
have no obligation to mediate between the parties to any such contract.
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The provisions of this Section 4 are subject to the first paragraph of Section 7.
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(5) Â Â User generated content
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In
these terms of use, "your user content" means material (including
without limitation text, images, audio material, video material and
audio-visual material) that you submit to our website, for whatever
purpose.
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You grant to us a worldwide, irrevocable,
non-exclusive, royalty-free licence to use, reproduce, adapt, publish,
translate and distribute your user content in any existing or future
media. Â You also grant to us the right to sub-license these rights, and
the right to bring an action for infringement of these rights.
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Your
user content must not be illegal or unlawful, must not infringe any
third party's legal rights, and must not be capable of giving rise to
legal action whether against you or us or a third party (in each case
under any applicable law).
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Your user content (and its publication on our website) must not:
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(a) Â Â be libelous or maliciously false;
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(b) Â Â be obscene or indecent;
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(c)
  infringe any copyright, moral right, database right, trade mark
right, design right, right in passing off, or other intellectual
property right;
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(d) Â Â infringe any right of confidence, right of privacy, or right under data protection legislation;
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(e) Â Â constitute negligent advice or contain any negligent statement;
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(f) Â Â constitute an incitement to commit a crime;
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(g) Â Â be in contempt of any court, or in breach of any court order;
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(h) Â Â be in breach of racial or religious hatred or discrimination legislation;
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(i) Â Â be blasphemous;
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(j) Â Â be in breach of official secrets legislation;
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(k) Â Â be in breach of any contractual obligation owed to any person;
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(l) Â Â depict violence in an explicit, graphic or gratuitous manner;
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(m) Â be pornographic or sexually explicit;
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(n) Â Â be untrue, false, inaccurate or misleading;
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(o)
  consist of or contain any instructions, advice or other information
which may be acted upon and could, if acted upon, cause illness, injury
or death, or any other loss or damage;
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(p) Â Â constitute spam;
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(q) Â Â be offensive, deceptive, threatening, abusive, harassing, or menacing, hateful, discriminatory or inflammatory; or
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(r) Â Â cause annoyance, inconvenience or needless anxiety to any person.
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Your
user content must be appropriate, civil, tasteful and accord with
generally accepted standards of etiquette and behaviour on the internet.
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You
must not use our website to link to any website or web page consisting
of or containing material that would, were it posted on our website,
breach the provisions of these terms of use.
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You
must not submit any user content to the website that is or has ever been
the subject of any threatened or actual legal proceedings or other
similar complaint.
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We reserve the right to edit or
remove any material submitted to our website, or stored on our servers,
or hosted or published upon our website.
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Notwithstanding
our rights under these terms of use in relation to user content, we do
not undertake to monitor the submission of such content to, or the
publication of such content on, our website.
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(6) Â Â Limited warranties
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We
do not warrant the completeness or accuracy of the information
published on this website; nor do we commit to ensuring that the website
remains available or that the material on the website is kept
up-to-date.
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To the maximum extent permitted by
applicable law we exclude all representations, warranties and conditions
relating to this website and the use of this website (including,
without limitation, any warranties implied by law of satisfactory
quality, fitness for purpose and/or the use of reasonable care and
skill).
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(7) Â Â Limitations and exclusions of liability
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Nothing
in these terms of use will: (a) limit or exclude our or your liability
for death or personal injury resulting from negligence; (b) limit or
exclude our or your liability for fraud or fraudulent misrepresentation;
(c) limit any of our or your liabilities in any way that is not
permitted under applicable law; or (d) exclude any of our or your
liabilities that may not be excluded under applicable law.
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The
limitations and exclusions of liability set out in this Section and
elsewhere in these terms of use: (a) are subject to the preceding
paragraph; and (b) govern all liabilities arising under the terms of use
or in relation to the subject matter of the terms of use, including
liabilities arising in contract, in tort (including negligence) and for
breach of statutory duty.
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To the extent that the
website and the information and services on the website are provided
free-of-charge, we will not be liable for any loss or damage of any
nature.
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We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
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We
will not be liable to you in respect of any business losses, including
(without limitation) loss of or damage to profits, income, revenue, use,
production, anticipated savings, business, contracts, commercial
opportunities or goodwill.
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We will not be liable to you in respect of any loss or corruption of any data, database or software.
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We will not be liable to you in respect of any special, indirect or consequential loss or damage.
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You
accept that we have an interest in limiting the personal liability of
our officers and employees. Â Having regard to that interest, you accept
that we are a limited liability entity and agree that you will not bring
any claim personally against individual officers or employees in
respect of any losses you suffer in connection with the website or these
terms of use. Â This will not, of course, limit or exclude the liability
of the company itself for the acts and omissions of our officers and
employees.
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You agree to the publication of
comments, reviews and/or feedback relating to you, Â by others, on our
website. You acknowledge that such comments, reviews and/or feedback may
be critical or defamatory or otherwise unlawful; and you agree that you
will not hold us liable in respect of any such comments, reviews and/or
feedback, irrespective of whether we are aware or ought to have been
aware of such comments, reviews and/or feedback.
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(8) Â Â Indemnity
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You
hereby indemnify us and undertake to keep us indemnified against any
losses, damages, costs, liabilities and expenses (including without
limitation legal expenses and any amounts paid by us to a third party in
settlement of a claim or dispute on the advice of our legal advisers)
incurred or suffered by us arising out of any breach by you of any
provision of these terms of use, or arising out of any claim that you
have breached any provision of these terms of use.
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(9) Â Â Breaches of these terms of use
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Without
prejudice to our other rights under these terms of use, if you breach
these terms of use in any way, or if we reasonably suspect that you have
breached these terms of use in any way, we may:
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(a) Â Â send you one or more formal warnings;
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(b) Â Â temporarily suspend your access to the website;
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(c) Â Â permanently prohibit you from accessing the website;
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(d) Â Â block computers using your IP address from accessing the website;
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(e) Â Â contact your internet services provider and request that they block your access to the website;
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(f) Â Â bring court proceedings against you for breach of contract or otherwise;
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(g) Â Â suspend and/or delete your account with the website; and/or
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(h) Â Â delete and/or edit any or all of your user generated content.
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Where
we suspend or prohibit or block your access to our website or a part of
our website, you must not take any action to circumvent such suspension
or prohibition or blocking (including without limitation creating
and/or using a different account).
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(10) Â Â Trade marks
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Lake Elsinore CDJR and our logo are trade marks belonging to us. Â We give no
permission for the use of these trade marks, and such use may constitute
an infringement of our rights.
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The other
registered and unregistered trade marks or service marks on our website
are the property of their respective owners. Unless stated otherwise, we
do not endorse and are not affiliated with any of the holders of any
such rights and as such we cannot grant any license to exercise such
rights.
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(11) Â Â Variation
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We
may revise these terms of use from time-to-time. Â Revised terms of use
will apply to the use of our website from the date of the publication of
the revised terms of use on our website. Â Please check this page
regularly to ensure you are familiar with the current version.
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(12) Â Â Assignment
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We
may transfer, sub-contract or otherwise deal with our rights and/or
obligations under these terms of use without notifying you or obtaining
your consent.
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You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms of use.
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(13) Â Â Severability
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If
a provision of these terms of use is determined by any court or other
competent authority to be unlawful and/or unenforceable, the other
provisions will continue in effect. Â If any unlawful and/or
unenforceable provision would be lawful or enforceable if part of it
were deleted, that part will be deemed to be deleted, and the rest of
the provision will continue in effect.
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(14) Â Â Exclusion of third party rights
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These
terms of use are for the benefit of you and us, and are not intended to
benefit any third party or be enforceable by any third party. Â The
exercise of our and your rights in relation to these terms of use is not
subject to the consent of any third party.
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(15) Â Â Entire agreement
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These
terms of use, together with our privacy policy, Â constitute the entire
agreement between you and us in relation to your use of our website, and
supersede all previous agreements in respect of your use of this
website.
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(16) Â Â Law and jurisdiction
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These
terms of use will be governed by and construed in accordance with
United States law, and any disputes relating to these terms of use will
be subject to the non-exclusive jurisdiction of the courts of the United
States.