This Terms of Use Agreement (“Agreement”) for the McCarthy Auto Group Website: “www.laurenwantstoknow.com” (“Website”) and its online community and services is legally binding and applies to all visitors of the website. By entering the Website, visitors agree to be bound by this Agreement, the Website’s privacy policy (“Privacy Policy”), and the guidelines for the online community (“Community Guidelines”). These three policies (“Policies and Guidelines”) establish the responsibilities and legal obligations of the visitors and the McCarthy Auto Group, its affiliated officers, directors, employees, agents, and subsidiaries.
Any visitor who accesses this Website affirms that he/she is capable of accepting the Policies and Guidelines, either by being age 18 or older, an emancipated minor, or possessing consent of a parent or legal guardian. The visitor also affirms that they are capable of entering into an agreement to follow the Policies and Guidelines and are competent to understand and to comply with the terms. All visitors who do not wish to comply with any of the Policies and Guidelines, dictated by Missouri law, must cease use of the Website until such a time as they can comply with the Policies and Guidelines.
All content on this Website, with the exception of visitor contributions (“Contributions”), is the property of the McCarthy Auto Group, either by direct ownership or by licensed rights and is subject to copyright and intellectual property law and protection. Any Contributions will be construed as “as is.” Any visitor who provides a Contribution affirms that he/she owns the rights or license to the Contribution and that the submitted content does not violate any national or international intellectual property protection, nor is a trade secret. Through his/her Contribution, the Visitor also gives permission to the McCarthy Auto Group to use the content as it sees fit, without the need to request permission or pay fees to the visitor, or any outside source as the McCarthy Auto Group has a perpetual and irrevocable license to use the Contributions. Any unauthorized copying, selling, modifying, or other use of the McCarthy Auto Group Website or Contributions is in violation of the Policies and Guidelines and the violator may be subject to intellectual property liability.
By accessing the Website, all visitors agree that they will comply with the Policies and Guidelines. They also agree that they may be held civilly and/or criminally liable for a violation of the Agreement and that they will not:
i) Violate any national or international laws in their use of this Website,
ii) Alter or modify the Website, with the exception of express permission from the McCarthy Auto Group, or by permitted Contributions in compliance with the Policies and Guidelines,
iii) Alter or modify any of the security features of the Website, or attempt to change any protections offered on the Website, including server settings and/or passwords, privacy protection, virus protection, copyright protection, intellectual property protection, legal disclaimers, or any other feature not yet mentioned, designed to maintain a secure Website, with the exception of express permission provided by the McCarthy Auto Group for such modification or alteration,
iv) Submit any inappropriate content, including, but not limited to:
b) Pornographic or sexually explicit content,
c) Content advocating or chronicling illegal activities,
d) Content containing vulgar or inappropriate language,
e) Content that is not owned or licensed by the Visitor and is being used in violation of copyright or intellectual property protection, or is a trade secret.
v) Attempt to violate any other visitor’s right to privacy or publicity, including, but not limited to:
b) Soliciting information from individuals under the age of 18,
c) Submitting false or libelous content about another individual,
d) Submitting content that poses a privacy, publicity, or security risk to an individual,
vi) Use the Website to promote or otherwise advance their own commercial enterprises, without express permission from the McCarthy Auto Group.
All visitors agree to indemnify and hold the McCarthy Auto Group and all of its affiliated officers, directors, employees, agents and subsidiaries harmless from any liability as a result of a visitor’s conduct, activities or use of the Website. Visitors also indemnify the McCarthy Auto Group and all of its affiliated officers, directors, employees, agents and subsidiaries from any liability resulting from a violation of the Website’s Policies and Guidelines or by national or international law.
The McCarthy Auto Group does not endorse any Contributions. The McCarthy Auto Group expressly disclaims all liability arising out of any Contributions. The McCarthy Auto Group also reserves the right to review and remove, without notice, any Contributions determined to violate the Policies and Guidelines. If the Contribution is determined to violate the Policies and Guidelines, the McCarthy Auto Group reserves the right to submit the information to the proper authorities to determine if there has been a violation of national or international law. The McCarthy Auto Group reserves the right to terminate visitor accounts without notice if they violate the Policies and Guidelines. The McCarthy Auto Group reserves the right to discontinue any aspect of the Website at any time.
All visitors agree that use of the Website shall be at the visitor’s risk. The McCarthy Auto Group and all of its affiliated officers, directors, employees, agents and subsidiaries disclaim all warranties, express or implied, in connection with the Website and its use. The McCarthy Auto Group also does not guaranty or warrant that the information on the Website or the server is protected from unauthorized use and assumes no liability or responsibility for any unauthorized access into a visitor’s account, the Website’s servers, or the visitor’s personal or financial information. The McCarthy Auto Group does not warrant that a visitor will be protected from a computer attack by a virus, adware, spyware, trojan horses, spam, or any other malicious program or software that may affect their computer or servers, and assumes no liability from any attack from these or any other unapproved programs while the visitor is accessing the Website. The McCarthy Auto Group does not warrant that the content on this Website, at any given time, will be appropriate, will not violate a person’s right to publicity or privacy, is not in violation of copyright or intellectual property protection, is not a trade secret and will not assume liability for any inappropriate content that causes any sort of personal, financial, or other harm. The McCarthy Auto Group makes no warranty about the accuracy or completeness of any of the content on this Website, or of any third party Websites and assumes no liability or responsibility for any inaccurate or incomplete information provided on the Website and the possible reliance on the information. The McCarthy Auto group does not warrant that the Website’s services will not be turned off or that the connection will not be lost and will not assume liability for any loss of connection to the server or the Website.
The McCarthy Auto Group and all of its affiliated officers, directors, employees, agents and subsidiaries are not liable for any damages, regardless of what legal theory is advanced and regardless of any implied or actual notice the McCarthy Auto Group had of any damages resulting from:
i) Any unauthorized access to the server or the visitor’s personal and/or financial information,
ii) Any viruses or related malicious software or programs that attack a visitor’s computer while using the Website,
iii) Any inappropriate content that violates the Policies and Guidelines or any national or international law,
iv) Any inaccurate information provided on the Website,
v) Any disconnection of services from the Website,
vi) Any personal injury or property damage of any kind as a result of using the Website,
vii) Any lost income or profits as a result of using the Website,
viii) Any other loss or damage incurred by use of the Website,
This limitation of liability shall apply to the fullest extent in the applicable jurisdiction.
All visitors agree that the McCarthy Auto Group Website has expressly aimed its conduct toward Missouri, is a “passive” Website, has purposefully availed itself of Missouri law, and shall be deemed solely based in Missouri. Visitors also agree that jurisdiction is not proper in any forum but Missouri and submit to the jurisdictions exclusively located in Missouri for any liability or claim arising from the McCarthy Auto Group or its Website. Visitors agree to be bound by the Agreement, subject to interpretation and application by Missouri law, without regard to its conflict of law provisions. Both the McCarthy Auto Group and the Visitor knowingly, expressly, voluntarily, and intentionally waive the right to a trial by jury in all claims and related actions in any litigation based on this Agreement and agree that this waiver will be enforced and presented in the event of any litigation.
All visitors agree that if any portion of this Agreement is found to be invalid, that section of the Agreement will be severed and the rest of the Agreement will remain enforceable.
The McCarthy Auto Group reserves all rights not expressly granted in and to the McCarthy Auto Group Website and its content and McCarthy Auto Group service.
This policy is effective as of November 13, 2009. Any additions made to the Website after this time fall under this Agreement. This Agreement is subject to change without notice.
