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Empire State Cars - terms and conditions

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PLEASE READ THE FOLLOWING INFORMATION CAREFULLY: EmpireStateCars.com provides this site (collectively, the “Site”) subject to your compliance with the terms and conditions set forth below (the "Agreement"). By using the Site, you are acknowledging that you agree to be bound by all of the terms and conditions of this Agreement. If you do not agree to these terms and conditions, please do not use the Site. EmpireStateCars.com may, in its sole discretion, modify or revise this Agreement at any time by updating this Web page. By using the Site following a modification or revision of this Agreement, you are bound by any such modification or revision; accordingly, you should visit this page periodically to review the most current version of this Agreement.

1. Proprietary Rights
Copyright 2000 EmpireStateCars.com All Rights Reserved.

All pages within this Site are the property of EmpireStateCars.com. Permission (which may be revoked at any time) is granted to download the material in this site without alterations and for private and non-commercial use only so long as the following copyright notice is included: Copyright 2000 EmpireStateCars.com All Rights Reserved.

“EmpireStateCars” are trademarks and/or service marks of EmpireStateCars.com.

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by EmpireStateCars.com infringe your copyright, you (or your agent) may send a written notice to EmpireStateCars.com's Copyright Agent that includes all of the following information:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; Identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); The name, address, telephone number, and email address (if available) of the complaining party;
A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

EmpireStateCars.com’s Copyright Agent for such notice of claims of copyright infringement is Craig A. Shufelt, and can be reached as follows:

to contact by post mail:
Craig A. Shufelt - Chief Principal
EmpireStateCars.com
419 Garden street 2^nd floor
Hoboken, New Jersey 07030
By email: cshufelt@empirestatecars.com
By phone: 201.963.4761

Although not required under the DMCA, EmpireStateCars.com encourages that notice of any other intellectual property infringement claim (e.g., trademarks, patents) be provided to EmpireStateCars.com’s Copyright Agent.

2. Warranty Information; Limitation of Liability
THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, OR ANY PRODUCT OR SERVICE LICENSED OR PURCHASED THROUGH THE SITE, OR ANY SOFTWARE DOWNLOADED FROM THE SITE, IS PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT. YOU ACKNOWLEDGE THAT ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY OF THE PRODUCTS OR SERVICES DESCRIBED HEREIN IS PROVIDED SOLELY BY THE OWNER, ADVERTISER OR MANUFACTURER OF THAT PRODUCT AND/OR SERVICE, AND NOT BY EmpireStateCars.com. YOU ALSO ACKNOWLEDGE THAT YOUR ACCESS TO THE SITE AND/OR RELATED SERVICES MAY NOT BE UNINTERRUPTED, ERROR-FREE OR SECURE. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE AND SITE-RELATED SERVICES. NO OPINION, ADVICE, OR STATEMENT OF EmpireStateCars.com OR ITS AGENTS, WHETHER MADE ON THIS SITE OR OTHERWISE SHALL CREATE ANY WARRANTY. YOUR USE OF THE SITE AND PURCHASE OF PRODUCTS AND/OR SERVICES PROVIDED THROUGH THE SITE ARE ENTIRELY AT YOUR OWN RISK.

EmpireStateCars.com, ITS AFFILIATES, REPRESENTATIVES AND SPONSORS (“EmpireStateCars.com ENTITIES”) ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES AND/OR CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS TO STOP USING THE SITE AND/OR THOSE SERVICES. IN NO EVENT SHALL ANY EmpireStateCars.com ENTITY BE LIABLE TO YOU FOR MORE THAN THE TOTAL AMOUNT ACTUALLY PAID BY YOU TO SUCH EmpireStateCars.com ENTITY TO ACCESS THE SITE.

A possibility exists that the site could include inaccuracies or errors. Additionally, a possibility exists that unauthorized additions, deletions and alterations could be made by third parties to the Site. Although EmpireStateCars.com attempts to ensure the integrity and the accuracy of the Site, it makes no guarantees whatsoever as to the correctness, completeness or accuracy of the Site. In the event that such an inaccuracy arises, please inform EmpireStateCars.com at information@EmpireStateCars.com so that it can be investigated. EmpireStateCars.com neither endorses nor is responsible for any opinion, advice, information or statement made or displayed on the Site by third parties other than authorized EmpireStateCars.com employees. Under no circumstances will any EmpireStateCars.com Entity be liable for any loss or damage caused by your reliance on such information obtained through the Site. It is your responsibility to evaluate the accuracy and reliability of any opinion, advice, information, or statement available on the Site.

3. Acknowledgement
This Site may contain links to other Web sites operated by third parties (“Linked Sites”). You acknowledge that, when you click on a link to visit a Linked Site, a frame may appear that contains the EmpireStateCars.com logo, advertisements and/or other content selected by EmpireStateCars.com. You acknowledge that the EmpireStateCars.com Entities neither endorse nor are affiliated with the Linked Site and are not responsible for any content that appears on the Linked Site. You also acknowledge that the owner of the Linked Site neither endorses nor is affiliated with any of the EmpireStateCars.com Entities.

4. Void Where Prohibited
Although the Site is accessible worldwide, not all products or services discussed or referenced in or on the Site are available to all persons or in all geographic locations or jurisdictions. EmpireStateCars.com reserves the right to limit the availability of the Site and/or the provision of any product or service described thereon to any person, geographic area or jurisdiction it so desires, at any time and in its sole discretion, and to limit the quantities of any such product or service that it provides. If you are in a country other than the United States, you acknowledge and agree that your use of the Site does not violate any local law or regulation, and that you shall be responsible for any such violation(s).

5. Code of Conduct
While using the Site or Site-related services, you agree to comply with all applicable laws, rules and regulations and you specifically agree not to:
Restrict or inhibit any other user from using and enjoying the Site and services; Post or transmit any unlawful, false, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable or harmful information of any kind; Post or transmit any information or software that contains a virus, worm, time bomb, Trojan horse or other harmful or disruptive component; Post or transmit materials in violation of another party's copyright or intellectual property rights; Impersonate another person or entity, or post or transmit information on behalf of someone other than yourself; Modify, adapt, translate, sell, reverse engineer, decompile or disassemble any portion of the Site or software; Harvest or collect information about other users or members without their consent; Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or the data contained thereon; or Use the Site or software for any unlawful purpose. EmpireStateCars.com has no obligation to monitor the Site or Site-related services. However, you acknowledge and agree that EmpireStateCars.com has the right (but not the obligation) to monitor the Site and Site-related services and to disclose any information to any third party in order to operate the Site properly, to protect itself, its sponsors and customers, and to comply with legal obligations or governmental requests. EmpireStateCars.com reserves the right to refuse to post or to remove any information or materials, in whole or in part, that are unacceptable, offensive or in violation of this Agreement. EmpireStateCars.com also reserves the right to prohibit any user who, in EmpireStateCars.com's sole determination, violates the Code of Conduct (including posting third party materials without such third party’s authorization) or other terms of this Agreement from using the Site and Site-related services. Such prohibition may occur without notice to the user.

6. Indemnification
You agree to indemnify, defend and hold harmless EmpireStateCars.com, its officers, directors, employees, agents, representatives and sponsors from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) or other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement; (b) any allegation that any materials that you submit to EmpireStateCars.com infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; (c) your violation of the Code of Conduct above; and/or (d) your activities in connection with the Site or Site-related services.

7. Restricted Rights Legend
Use, duplication or disclosure by the Government is subject to the restrictions as set forth in subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software Clauses as DFARS 252.227-7013 and FAR 52.227-19, as applicable. Supplier is EmpireStateCars.com, 3 Park Avenue, New York, New York 10016.

8. Making Purchases
If you wish to license or make purchases of products or services described on the Site, you may be asked by the applicable merchant or service provider to supply certain information, including but not limited to credit card or other payment information. You agree that all information that you provide to any such merchant or service provider will be accurate, complete and current. You agree to pay all charges incurred by users of your account and credit card or other payment mechanism at the prices in effect when such charges are incurred. You will also be responsible for paying any applicable taxes relating to your purchases. Moreover, you agree to review and to comply with the terms and conditions of any specific agreement that you enter into with the merchant and/or service provider in connection with the licensing or purchase of any product or service.

9. Submissions
By transmitting, submitting or posting materials (e.g., text, code, applet, link, data, information, content, audio or video files and so forth) (“Content”) to EmpireStateCars.com or on or through the Site, you automatically grant EmpireStateCars.com and its designees a worldwide, royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, transmit, perform and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sublicensees. Further, by transmitting, submitting or posting Content to EmpireStateCars.com or the Site, you acknowledge that you have the authority to grant such rights to EmpireStateCars.com and its designees. PLEASE NOTE THAT YOU RETAIN OWNERSHIP OF ANY COPYRIGHTS OF ANY CONTENT YOU SUBMIT. If the submitted Content includes or consists of a Java- applet or other software resource, the license granted to EmpireStateCars.com shall apply to both object code and source code formats of the applet or resource, and EmpireStateCars.com shall have the right under its license to analyze, report on, summarize, and display the source code on its Web sites, however, EmpireStateCars.com will not display the complete source code of your resource unless you grant EmpireStateCars.com express permission to do so in the Resource Submission or Resource Update forms. If you submit a resource to EmpireStateCars.com and/or you grant EmpireStateCars.com permission to display your source code and decide that you no longer want to grant EmpireStateCars.com permission to display your source code, EmpireStateCars.com will remove the resource and/or the source code from our site(s), provided, however, that you write to: “EmpireStateCars.com, 532 Adams Street #3B, Attn: Craig A. Shufelt ”, by certified mail, to request that the resource and/or the source code to any applet or software resource submitted by you be removed from an EmpireStateCars.com Web site. Upon receipt of such certified mail notification, EmpireStateCars.com will use reasonable efforts to remove such resource and/or source code from its Web site(s).

10. Miscellaneous
This Agreement is entered into in the State of New York and shall be governed by and construed in accordance with the laws of the State of New York, exclusive of its choice of law rules. Each party to this Agreement hereby submits to the exclusive jurisdiction of the state and federal courts sitting in the County of New York in the State of New York, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable.

This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly cancelled. This Agreement may be supplemented or modified by any license or other agreement used in connection with any software or other product that you download, license or purchase through this Site (“Other Agreements”). This Agreement is not assignable, transferable or sublicensable by you except with EmpireStateCars.com’s prior written consent. No waiver by either party of any breach of default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or paragraph title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any paragraph or provision hereof.

Except with respect to such Other Agreements, any modifications of this Agreement must be in writing and signed by both parties hereto, except that EmpireStateCars.com may modify the terms of this Agreement by sending notice to you via e-mail (at the most current e-mail address for you in EmpireStateCars.com’s records) seven (7) days in advance of the date on which such modification takes effect or by making the modified version of the Agreement available on or through the Site at least seven (7) days before the modification takes effect.

Please also review the terms of EmpireStateCars.com’s Privacy Policy .

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