Terms of Service Agreement
1) Acceptance of Terms
Welcome to 'Collier Motors, Inc.'.
'Collier Motors, Inc.' provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you.
You can review the most current version of the TOS at any time at: http://www.colliermotors.com/docs/tos.shtml
In addition, when using particular 'Collier Motors, Inc.' owned or operated services, you usage of our site and services shall be subject to any posted guidelines or rules applicable to such services which may be posted and or updated from time to time at our discretion.
Failure on the part of the visitor to our site or the user of our services to not read or properly understand the TOS here shall in no way absolve them of their responsibility to act in compliance with the TOS stated here.
All such guidelines or rules (including but not limited to our Spam Policy) are hereby incorporated by reference into the TOS.
'Collier Motors, Inc.' may also offer other services that are governed by different Terms of Service agreements.
2) Description of Service
'Collier Motors, Inc.' provides users with access to a variety of resources, including various communications tools, forums, shopping services, search services, personalized content and branded programming through its network of properties which may be accessed through various mediums or devices now known or hereafter developed (the "Service").
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for 'Collier Motors, Inc.' to provide the Service.
You also understand and agree that the Service may include certain communications from 'Collier Motors, Inc.', such as service announcements, administrative messages, and that these communications are considered part of 'Collier Motors, Inc.' membership and you will not be able to opt out of receiving them.
Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new 'Collier Motors, Inc.' properties, shall be subject to the TOS.
You understand and agree that the Service is provided "AS-IS" and that 'Collier Motors, Inc.' assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges).
You are responsible for those fees, including those fees associated with the display or delivery of advertisements.
In addition, you must provide and are responsible for all equipment necessary to access the Service.
3) Submission of Personal Information
Any private information such as personal contact data (phone numbers, email addresses, home addresses, etc...) submitted to 'Collier Motors, Inc.' either electronically or by other means, is deemed public information and may be displayed on the website of Collier Motors, Inc. (or any of its affiliates) at our sole discretion.
If you have personal information that you wish to keep confidential and/or secure, then you should not submit it to us.
Any information that is submitted to any third parties such as PayPal, eBay, or others is done so at your own risk even if it is in conjunction with your useage of the 'Collier Motors, Inc.' services.
'Collier Motors, Inc.' does not own or operate these third party operations and your usage of them is governed by their Terms of Service agreements and Privacy Policies.
You are solely responsible for the safety and security of your usage of any of our services or of any of the services of any of the sites or systems or third parties to which we might offer connections to either directly or indirectly.
4) Right to Refuse Service
'Collier Motors, Inc.' is a privately operated service and reserves the right to refuse service to anyone at anytime at its sole discretion.
This denial of service to users may include but not necessarily be limited to IP address blocking, cookie tracking methods, and the use of subscription fees to access the system.
Any information, photos, or data submitted to 'Collier Motors, Inc.' for the purpose of being displayed within the 'Collier Motors, Inc.' system or any of its affiliates is subject to the approval of 'Collier Motors, Inc.'.
Any information, photos, or data submitted to us that is not deemed appropriate by us for whatever reason may be removed from our system at anytime without prior notice or warning of any kind to the submitter of said information.
Any information, photos, or data that has been submitted to us in conjunction with a paid for service or promotion that we offer is also subject to the same rules of appropriateness.
We also reserve the right to refuse service for any reason to anyone who pays for any of the services that we offer.
We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service.
The amount of liability that 'Collier Motors, Inc.' or any of its affiliates is responsible for, in the event of denial of any service to anyone, is limited to the fee that said person or third party paid for the denied service to us and not one penny more.
If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of services by us.
5) Performance of Service
'Collier Motors, Inc.' does not guarantee that a particular target audience or intended recipient will receive any services paid for by any individuals or third parties and is not responsible for the successful transmission of any services that we provide.
'Collier Motors, Inc.' is not responsible for transmission errors, loss of data, or any other causes that result in the unsuccessful propogation of its services to any intended audience or recipient whether paid for or not by any individual or third party.
Paying for and/or using any of the services that 'Collier Motors, Inc.' provides is at the sole risk of the user and 'Collier Motors, Inc.' does not provide any performance guarantee whatsoever to anyone for the use of its services.
6) Limits of Liability
Any information, photos, or data that has been deleted either intentionally or otherwise by 'Collier Motors, Inc.' or any of its affiliates is deemed as being disposable by the submitter and 'Collier Motors, Inc.' is not responsible for its loss.
It is the sole responsibility of the submitter of any such information, photos, or data to maintain their own copy of said information, photos, or data on their own systems and is not the responsibility of 'Collier Motors, Inc.' to provide any such archiving for any purpose whatsoever.
We are not liable for any losses incurred to or by any individual should we refuse to provide service to them, even if they have paid for this service.
'Collier Motors, Inc.' makes no claim as to the effectiveness of its services and is not responsible for any claims made by users of its systems for failure to satisfy their purposes for using our systems.
If a person or organization uses a third party as a "go between" to acquire services from us, then that third party is responsible for any reimbursements to the person making any claims for denial of service or lack of performance by us.
Any person or third party who pays for services from us and is deemed to be in violation of our TOS or causes us injury either economically or otherwise, may be refused any reimbursements of any fees paid to us for any services that they were paying us to perform.
Should 'Collier Motors, Inc.' suffer any damages either economically or otherwise by any person or third party accessing our system either directly or indirectly or should cause us harm through any means whatsoever either directly or indirectly is subject to legal action by 'Collier Motors, Inc.' and/or its affiliates.
7) Your Registration Obligations
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction.
You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete.
If you provide any information that is untrue, inaccurate, not current or incomplete, or 'Collier Motors, Inc.' has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, 'Collier Motors, Inc.' has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
Please remember that the Service is designed to appeal to a broad audience.
Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content are appropriate for your child.
8) Member Account, Password, and Security
You will receive a password and account designation upon completing the Service's registration process.
You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account.
You agree to (a) immediately notify 'Collier Motors, Inc.' of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session.
'Collier Motors, Inc.' cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 8.
9) Member Conduct
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated.
This means that you, and not 'Collier Motors, Inc.', are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service.
'Collier Motors, Inc.' does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content.
You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable.
Under no circumstances will 'Collier Motors, Inc.' be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- harm minors in any way;
- impersonate any person or entity, including, but not limited to, a 'Collier Motors, Inc.' official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
- upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation not in keeping with the intention of the 'Collier Motors, Inc.' services;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
- provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
- collect or store personal data about other users.
You acknowledge that 'Collier Motors, Inc.' may or may not pre-screen Content, but that 'Collier Motors, Inc.' and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service.
Without limiting the foregoing, 'Collier Motors, Inc.' and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable.
You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
In this regard, you acknowledge that you may not rely on any Content created by 'Collier Motors, Inc.' or submitted to 'Collier Motors, Inc.', including without limitation information in 'Collier Motors, Inc.' Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that 'Collier Motors, Inc.' may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of 'Collier Motors, Inc.', its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by 'Collier Motors, Inc.' and/or content providers who provide content to the Service.
You may not attempt to override or circumvent any of the usage rules embedded into the Service.
Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.