Terms
of Use
By accessing and using cmcdreamcars.com and any other site, application, API or embedded content owned or operated by CMC Motors LLC. (the “Website”), you accept and agree to be bound by the following terms and conditions (“Terms”):
Use: You may only use the Website in accordance with these Terms. Subject to your compliance with these Conditions of Use and your payment of any applicable fees, CMC MOTORS LLC or its content providers grants you a limited, non-exclusive, non-transferable, non-sublicenseable license to access and make personal and non-commercial use of the Website, including digital content available through the Website, and not to download (other than page caching) or modify this site, or any portion of it, except with express written consent of cmcdreamcarscom. All rights not expressly granted to you in these Terms are reserved by us.
Responsibility: You will be responsible for all activity that occurs as a result of your use of the Website. We disclaim any and all liability (including for negligence) for the content, opinions, statements or other information posted to, or use of, the Website by its users. You may not use data mining, robots, screen scraping, or similar data gathering and extraction tools on the Website. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of cmcdreamcars.com without express written consent. You may not use any meta tags or any other “hidden text” utilizing cmcdreamcars.com’s name or trademarks without the express written consent of cmcdreamcars.com. Any unauthorized use terminates the permission or license granted by CMC MOTORS LLC
Provision of information: In order to use the services provided on the Website, you must be at least 16 years of age. When you register to use the Website, you agree to provide true, accurate, current and complete information about yourself as prompted by the Website (“Registration Information”), and to maintain and promptly update your Registration Information in order to ensure that it remains true, accurate, current and complete.
Community policy: You must be courteous and respectful of others’ opinions, and you must not post unwelcome, aggressive, suggestive or otherwise inappropriate remarks directed at another member of the Website.
No spam or multiple accounts: You must not use the Website or encourage others to use the Website to create multiple accounts, deceive or mislead other users, disrupt discussions, game the Website’s mechanics, alter consensus, post spam or otherwise violate our community policy.
No malicious use: You agree to access the Website through the interface we provide. You must not use the Website for any malicious means, or abuse, harass, threaten, intimidate or impersonate any other user of the Website. You must not request or attempt to solicit personal or identifying information from another member of the Website.
No illegal use: You must not use the Website for any unlawful purpose, or post any information that is in breach of any confidentiality obligation, copyright, trade mark or other intellectual property or proprietary rights of any person.
Conduct: You must not use the Website to promote, engage in or incite hate, violence or intolerance based on race, age, gender, gender identity, ethnicity, religion or sexual orientation.
Removal of content: We reserve the right to remove any content posted to the Website which we consider (in our absolute discretion) to be offensive, objectionable, unlawful or otherwise in breach of these Terms.
Fees: We may charge subscription fees for the use of certain services offered on the Website (“Fees”). We may change the amount of Fees payable from time to time. We will communicate any changes in Fees, and any changes will only take effect at the end of your current subscription period. If you cancel your account, you will not be entitled to a refund for any Fees you have already paid.
Intellectual property: You agree that we own all of the intellectual property rights in the Website. You grant us a non-exclusive, royalty-free, irrevocable, perpetual and sub-licensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute and display (including for commercial purposes) on the Website and in other media any content or material that you post on the Website, and any name(s) and/or avatar under which you post such content. Other than this right, we claim no intellectual property rights in relation to the information or content that you upload onto the Website. Any content you post to the Website should be original, and not infringe anyone else’s intellectual property rights. You warrant that you own or are authorized to use and publish any content that you post. nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce such, distribute, and display content throughout the world in any media
Indemnity: You indemnify, and will keep indemnified, us against all forms of liability, actions, proceedings, demands, costs, charges and expenses which we may howsoever incur or be subject to or suffer as a result of the use by you of the Website.
Amendments: We reserve the right to amend these Terms at any time, including by changing the amount of any Fees payable for any of our services, and may also add new features that will be subject to these Terms. If these changes are material we will communicate the changes to users, and by continuing to use the Website, you will be taken to have agreed to the changes.
Disclaimer of Warranties THE CMC MOTORS LLC SERVICES AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMC MOTORS LLC SERVICES ARE PROVIDED BY CMC MOTORS LLC ON AN “AS IS” AND “AS AVAILABLE” BASIS. CMC MOTORS LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE CMC MOTORS LLC SERVICES OR THE INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMC MOTORS LLC SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE CMC MOTORS LLC SERVICES IS AT YOUR SOLE RISK. CMC MOTORS LLC RESERVES THE RIGHT TO WITHDRAW ANY CMC MOTORS LLC SERVICE OR DELETE ANY INFORMATION FROM THE CMC MOTORS LLC SERVICES AT ANY TIME IN ITS DISCRETION.
Limitation of Liability TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, CMC MOTORS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CMC MOTORS LLC DOES NOT WARRANT THAT THE CMC MOTORS LLC SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE CMC MOTORS LLC SERVICES, ITS SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM CMC MOTORS LLC ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CMC MOTORS LLC WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF ANY CMC MOTORS LLC SERVICE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH ANY CMC MOTORS LLC SERVICE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Third-party applications: We may provide a platform for third parties’ applications, websites and services to make products and services available to you (“Third Party Applications”
Conduct: You must not use the Website to promote, engage in or incite hate, violence or intolerance based on race, age, gender, gender identity, ethnicity, religion or sexual orientation.
Technical support and malfunctions: We will try to promptly address (during normal business hours) all technical issues that arise on the Website. However, we will not be liable for any loss suffered as a result of any partial or total breakdown of the Website or any technical malfunctions.
Governing law and jurisdiction: All users of the Website agree that the laws of New York shall govern and apply to these Terms and each user’s use of the Website, and all users submit to the exclusive jurisdiction of the New York courts for any matter or dispute arising in relation to these Terms.
