We are pleased that you have chosen to visit design-foryou.com.
For purposes of this Visitor Agreement, the design-foryou.com consists of:
Widgets, tools and content from our websites that we offer for display on third-party websites or in third-party apps
Products, services or information that we may provide to you in the form of emails, texts (SMS) or chats, or by or through any other communication channel
By accepting this Visitor Agreement, or by using the design-foryou.com or viewing its content, you agree to be bound by this Visitor Agreement and each of its provisions. You represent and warrant to us that you have all necessary right, power and authority to agree to this Visitor Agreement, to perform the acts required of you hereunder, and to submit your Visitor-Submitted Content in accordance with the requirements of this Visitor Agreement.
Visitors should be aware that disclosure in the Community Services of your full name, street address or other personal information raises privacy concerns and may result in solicitations from third parties or unwanted communications. We disclaim any responsibility or liability arising from your disclosure of such personal information, or any other information, in the Community Services.
We grant you a limited license and permission to access and make personal use of the design-foryou.com and its content. This license does not include any resale or commercial use of the design-foryou.com or its content; any collection or use of any designs or other product or service listings, descriptions or prices; any collection or use of the editorial content or the content submitted by our Visitors; any derivative use of the design-foryou.com or its content; or any use of data mining, robots or similar data gathering, scraping or extraction tools or processes; and you agree not to do any of the foregoing.
Except as explicitly provided in this Visitor Agreement, you agree not to download, store in any form, distribute, transmit, display, reproduce, modify, create derivative works from, sell or otherwise exploit any portion of the design-foryou.com for any commercial purpose. You may display and occasionally print a single copy of pages of the design-foryou.com for your personal use, but you may not otherwise reproduce any content appearing on the design-foryou.com (other than your own VSC) without our prior written or emailed consent.
The downloading, reproduction, republication, retransmission or other use, as a stand-alone file, of the images marked as licensed from Getty Images or other third parties is prohibited.
Any violation of the forgoing may result in the termination of your license and permission to access and make use of the design-foryou.com.
You agree that, by submitting any Visitor-Submitted Content to us, you are granting to us and our designees a non-exclusive, perpetual, irrevocable, fully assignable, sublicensable, fully paid up and royalty-free license to use that Visitor-Submitted Content, without restrictions of any kind and without any payment or other consideration of any kind, or any permission or notification, to you or any third party. This license shall include, without limitation, the irrevocable right to reproduce, publish, create derivative works from, combine with other works, modify, alter, adapt, edit, reformat, translate, distribute copies, display, perform, provide to third parties and sublicense that Visitor-Submitted Content, and all rights therein, in the name of design-foryou.com or its designees throughout the universe in perpetuity in any and all media now or hereafter known.
This license provides us with the right to use any Visitor-Submitted Content for any purpose, including for advertising or other commercial use. These rights apply to your name, other personal information, photo, likeness and voice, if included in that Visitor-Submitted Content. If we publish your Visitor-Submitted Content or authorize or sublicense others to do so, your Visitor-Submitted Content may be edited for length or clarity or for any other reason (either before or after it is published), and it may be attributed to you by name and city (if provided to us) unless you expressly request that you remain anonymous. You waive any "moral rights" in your Visitor-Submitted Content.
You are also granting to us the non-exclusive right to seek to enjoin and/or obtain damages from any third party for the unauthorized use or reproduction of your Visitor-Submitted Content.
We reserve the right in our sole discretion to review all VSC and to remove, or to decline to display, any VSC. However, we also reserve the right in our sole discretion to display any VSC that is submitted to us, or to decline to remove any VSC, even if it violates this Visitor Agreement.
While we have no obligation to do so, we do monitor certain Visitor-Submitted Content. However, since not all of the areas that are monitored are done so on a "real time" basis, you may see Visitor-Submitted Content that violates this Visitor Agreement before we do. Please report such items to our Moderators by using the Help link on every page or the "Report It" link (where available), or by clicking "Flag" in the Forums.
We do not make any promises as to what actions we will or will not take with respect to any VSC, and no such promises should be inferred from either this Visitor Agreement or any communication by us. VSC posted in the Forums may be revised or deleted during the four hours after it is posted, but may not be revised or deleted by the Visitor who posted it after that time. Design ideas Ratings and Reviews may not be revised or deleted by Visitors, but a review may be supplemented by the Member who submitted it. You understand that the VSC of other Visitors is based on their individual opinions and experiences, which may vary significantly from one person to the next. We do not endorse or guarantee the accuracy of any VSC, and you agree that we are not responsible for the accuracy of any VSC and will not be liable for any damages incurred as a result of the submission or use thereof.
Your email address included in your Forums profile will not be displayed, unless you change your profile settings to request that it be displayed.
We welcome all points of view on automotive matters. However, although interactions within the Forums occur in cyberspace, everyday manners apply. Please respect and interact with fellow Visitors as you would in any public arena. Civility and respect underlie the success of an on-line community; if you wish to take issue with the statements of other Visitors or the Moderators, please engage in healthy, mature debate and not immature behavior or name-calling. While we want to maintain an inviting environment for all Visitors, disruptive conduct, such as off-topic comments in a topic-oriented discussion, is not allowed. Neither is "spam" (e.g., posting your message in multiple places throughout the Forums).
The Forums are areas for the exchange of information and, in some areas, advice. Questions asked may be answered, but please do not attempt to take the conversation out of the Forums (such as by requesting that an answer be emailed). Such actions deprive other Visitors of the benefit of the Forums.
Including a link in your VSC to another website is permissible when appropriate in the context of answering a question posed by another Visitor, but not for the purpose of promoting other automotive communities or third-party products or services. The Moderators will remove any link they believe does not provide value to Visitors.
You may not submit VSC that is indecent, profane (including masked profanity where symbols, initials, intentional misspellings or other characters are used to suggest profane language), obscene, pornographic, abusive, threatening, misleading, illegal or defamatory, or any material that interferes with the ability of others to enjoy the Community Services. We wish to maintain a family-friendly, "G-rated" environment. Please use this as your guideline when in doubt.
In addition, we do not tolerate a Visitor harassing, threatening or embarrassing other Visitors — including harassment or denigration based on age, gender, race, religion, national origin, sexual orientation or disability, marital status or veteran status — or the stalking of other Visitors. You agree not to engage in this behavior.
We do not allow the promotion of illegal conduct or activities or fraudulent schemes in the Forums. Specifically, you may not advocate illegal conduct, such as street racing, reckless driving or driving under the influence of alcohol or drugs. You also agree to not engage in any illegal activity in connection with your participation in or use of the Forums.
You may not submit VSC that infringes in any manner on the copyright, trademark or intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity. You may not use the Forums to display or distribute unauthorized copyrighted material, including articles, photos, videos, artwork, recordings, designs or computer programs (except for quotes of reasonable length from articles or similar materials).
We disclaim any responsibility or liability for copyrighted materials posted in the Forums. If you believe that your work has been copied in the Forums in a manner that constitutes copyright infringement, please follow the procedures set forth below under the caption "Copyright Complaints."
You agree that you will not use or reproduce any VSC of any other Visitor in any manner or in any media, including posting or republishing any VSC of another Visitor on any other website. (You may, however, occasionally reprint or post excerpts, not to exceed 50 words, from a single item of VSC of another Visitor if it is clear that the original and full item of VSC is available on the design-foryou.com.) You may also display a link to, or the address of, the page of the design-foryou.com on which any VSC appears.
You agree that, except with our prior consent, you will not upload, post, email, transmit or otherwise use the Forums to make or distribute any unsolicited or unauthorized advertising, contests, sweepstakes, survey requests or promotional materials, to campaign for any political cause, or to implore Visitors to take actions that are intended to further a personal or commercial purpose.
You agree you will not use information supplied within the Forums to do any of the foregoing, by email or any other method. You agree not to gather public email addresses from Visitor profiles or harvest or collect other information about other Visitors from the design-foryou.com, including usernames, or use any of that information for the purpose of sending unsolicited bulk communications or for any other purpose. You may not use or provide to any person or entity, whether or not for a fee, any directory of or information regarding other Visitors.
Links included as a part of your signature line are never permitted and will be removed by the Moderators.
It is a violation of this Visitor Agreement for you to (i) create, submit or post any review on behalf of another person, (ii) create, submit or post any review that is not a bona fide reflection of your actual experience, or (iii) advise or induce anyone else to create or submit, or to participate or assist anyone in the creation or posting of, any review that is not a bona fide reflection of the actual experience of the person submitting that review. Anyone who violates the foregoing prohibition will be subject to legal recourse by design-foryou.com, including claims for damages and/or for indemnification as provided below.
From time to time, we provide opportunities for individuals to submit to us ideas and improvements related to design-foryou.com and our other services and technology.
You agree that, by submitting your ideas and/or improvements: (i) your submission will automatically become the property of and owned by design-foryou.com; (ii) design-foryou.com may use or redistribute your submission and its contents for any purpose and in any way without any restrictions; (iii) design-foryou.com has no obligation by design-foryou.com to review any submission; (iv) design-foryou.com has no obligation by design-foryou.com to keep any submission confidential, and (v) design-foryou.com has no other obligation to you or contract with you, implied or otherwise, with respect to your ideas or improvements.
When you visit design-foryou.com or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We may communicate with you by email or by posting notices on design-foryou.com. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically or that you provide to us electronically satisfy any legal requirement that such communications be in writing.
You also understand and agree that we may send you certain communications in connection with your use of the Community Services, such as service announcements and administrative messages, and that you will not be able to opt out of receiving those communications, and that we may send you copies of any periodic newsletters or similar informative communications we send to Visitors who have registered with us (but you will be able to opt out of receiving future issues at any time). Any communications sent to you personally concerning your participation in the Community Services or related matters are not intended to be made public, and you agree not to post those communications in the Community Services or elsewhere on the internet.
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE design-foryou.com ARE PROVIDED "AS IS" AND "AS AVAILABLE" FOR YOUR USE. THE design-foryou.com AND ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE design-foryou.com ARE PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. WE AND THE OTHER ENTITIES FROM WHOM WE OBTAIN CONTENT DO NOT WARRANT THAT THE MATERIALS, INFORMATION (INCLUDING PRICES), SOFTWARE, PRODUCTS OR SERVICES INCLUDED IN OR AVAILABLE THROUGH THE design-foryou.com ARE ACCURATE, RELIABLE OR CORRECT; THAT THE design-foryou.com WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE design-foryou.com IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR USE OF THE design-foryou.com IS SOLELY AT YOUR OWN RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
All prices, incentives and rebate information, and other information displayed on the design-foryou.com are gathered from sources and based on algorithms that are believed by us to be reliable (other than Visitor-Submitted Content, as to which we make no such representation), but we do not verify this information and no assurance can be given that this information is accurate, complete or current.
FCA US LLC ("FCA") provides certain data, information and images to design-foryou.com (the "FCA Information"). The FCA Information is provided by FCA "as is" and FCA makes no warranties, either expressed or implied, of any kind respecting the FCA Information, including, without limitation, implied warranties of merchantability and fitness for a particular purpose. The FCA Information is not warranted to be error- or virus-free. FCA is not liable for any damages in connection with the use of the FCA Information, including without limitation, any loss of profit, use, goodwill or any work stoppage, computer failure or malfunction, interruption of business, or any direct, indirect, special, exemplary, incidental or consequential damages in connection with, related to, or arising out of the use of the FCA Information.
UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE COMPANIES WITH WHICH WE DO BUSINESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE design-foryou.com. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND EVEN UNDER CIRCUMSTANCES THAT CAUSE ANY EXCLUSIVE REMEDY UNDER THIS AGREEMENT TO FAIL OF ITS ESSENTIAL PURPOSE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree that you will be responsible for any damages resulting from any violation of this Visitor Agreement. You further agree to indemnify and hold design-foryou.com, and its affiliates, officers, directors, agents and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your violation of this Visitor Agreement, or any breach of any representation made by you in this Visitor Agreement, or any violation of any law or the rights of any third party (including any right of publicity, right of privacy, intellectual property right, or any other proprietary right) that occurs in connection with your use of the design-foryou.com.
Choice of Law and Forum; Attorneys' Fees
This Visitor Agreement, your use of the design-foryou.com and our products and services, and the rights of the parties shall be governed by and construed in accordance with the laws of the State of Delaware, excluding its conflicts of law rules. You agree that, unless expressly waived by us or we bring an action in a different jurisdiction, the exclusive jurisdiction for any claim or action arising out of or relating to this Visitor Agreement or your use of the design-foryou.com shall be in the state or federal courts located in the County of Los Angeles, State of California, and you further (i) agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action, and (i) agree not to file or bring any claim or action in a different jurisdiction. You also agree that in the event of any action to enforce or interpret this Visitor Agreement, the prevailing party shall be entitled to collect its reasonable attorney fees.
If any provision of this Visitor Agreement shall be deemed invalid, void or for any other reason unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the balance of this Visitor Agreement.
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