DMVUNPLUGGED.COM
Website User Agreement
Last Revised October 29, 2009
Welcome to DMVUNPLUGGED.COM. This User Agreement is a legal and binding agreement between you and NDMG governing your use of NDMG’s website www.dmvunplugged.com. By using this site, you agree to be bound to the following terms and conditions of use. Please read them carefully before using DMVUNPLUGGED.COM. This User Agreement may be modified from time to time, and the date of the most recent revision will appear at on this page. Your continued use of DMVUNPLUGGED.COM constitutes your agreement to be bound by the User Agreement in effect at the time of such use.
USER CONDUCT
You agree to provide to DMVUNPLUGGED.COM information that is truthful and accurate, and you will not use any obscene, indecent, or offensive language or place any material that is defamatory, abusive, harassing, threatening, hateful, obscene, invasive of another’s privacy rights, or otherwise objectionable or unlawful on DMVUNPLUGGED.COM. In addition, you may not place on DMVUNPLUGGED.COM any material that is encrypted, constitutes junk mail or unauthorized advertising, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or that violates another’s proprietary rights, including copyright, trademark, trade secret and patent rights. You agree not to disrupt, modify or interfere with DMVUNPLUGGED.COM or its associated software, hardware and/or servers in any way, and you agree not to impede or interfere with others’ use of DMVUNPLUGGED.COM
You agree to use DMVUNPLUGGED.COM only for lawful purposes and you acknowledge that your failure to do so may subject you to civil and criminal liability. Your right to use DMVUNPLUGGED.COM is personal to you, and you are responsible for all use of DMVUNPLUGGED.COM by you and by those you allow to use, or provide access to, DMVUNPLUGGED.COM.
YOUR CONTENT
DMVUNPLUGGED.COM welcomes your comments and opinions, and from time to time, we may even ask you to share your stories with us. You acknowledge that by submitting content to DMVUNPLUGGED.COM, you automatically warrant that you own or have the right to use such content, and you grant NDMG a worldwide, non-exclusive, royalty-free, irrevocable right and license to copy, display, distribute, perform, create derivative works from, publish, translate, modify, adapt or otherwise use such content, in whole or in part, in any medium now known or hereafter developed for the full term of any rights in such content. You acknowledge that anything you send to us will be considered “content,” including suggestions, opinions, creative ideas, stories, comments and other original written works, photographs, logos, designs, audio clips, music, and other submissions in any form now known or hereafter developed. You agree that, unless otherwise expressly set forth in a signed writing, NDMG and its affiliates are under no obligation to compensate you in any way for your content submission, or to maintain its confidentiality, if any. You acknowledge that any submissions made by you shall become the property of NDMG, and NDMG is under no obligation to return any materials you send to us.
THIRD PARTY CONTENT
You acknowledge that any information or material placed online, including advice and opinions are the views and responsibility of those who post the statements or those who actually sell any merchandise, and do not necessarily represent the views of NDMG. You acknowledge that NDMG has not reviewed and does not necessarily endorse the content of all sites linked to from DMVUNPLUGGED.COM and is not responsible for the content or actions of any other sites linked to from it. You agree that NDMG and its third party service providers are not responsible, and shall have no liability to you, with respect to any information or materials posted by others, including defamatory, offensive or illicit material, even material that violates this User Agreement.
MODIFICATIONS TO CONTENT
NDMG shall have the right, but not the obligation to review, modify, edit, move or delete any content provided for display or placed on DMVUNPLUGGED.COM, in its sole discretion, and without notice.
PROPRIETARY RIGHTS
DMVUNPLUGGED.COM owns or has the right to use all content, including but not limited to text, logos, graphics, designs, photographs, audio clips, and data compilation, it places on this website. You may not modify, create derivative works from, distribute, copy, perform, display, or otherwise exploit any such content, in whole or in part, except as permitted by law, or with the express prior written consent of NDMG.
If you believe that your work has been copied in a way that constitutes copyright infringement, please notify our copyright agent and provide the following information (as required by U.S. Copyright law):
| 1. | A physical or electronic signature of person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; |
| 2. | Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; |
| 3. | Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit NDMG to locate the material; |
| 4. | Information reasonably sufficient to permit NDMG to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted; |
| 5. | 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; |
| 6. | 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; |
REGISTRATION
To access certain areas or features of this web site, you may be asked to register as a member of DMVUNPLUGGED.COM and to provide DMVUNPLUGGED.COM with certain information about yourself. NDMG uses this information to improve this site and to create content that is more beneficial to our Users. NDMG maintains the privacy of your information as set forth in our Privacy Policy. You are responsible for providing true and accurate information about yourself on DMVUNPLUGGED.COM as requested. If you provide any information that is untrue or inaccurate, or which NDMG reasonably believes is untrue or inaccurate, NDMG reserves the right to suspend or terminate your membership. NDMG may terminate your use of and registration at DMVUNPLUGGED.COM at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party. NDMG is not liable for any harm caused or related to the theft or misappropriation of your user name or password, disclosure of your user name or password, or your authorization of anyone else to use your user name and password.
RULES OF CONDUCT FOR MESSAGE BOARDS
You are solely responsible for any and all Content posted by you on any DMVUNPLUGGED.COM Message Board. You also are solely responsible for, and assume any and all risks associated with, reviewing, relying on and/or using any Content posted on Message Boards. NDMG does not endorse, edit, verify, vouch for, or control any Content posted on this website by Users, and does not guarantee the accuracy, integrity, quality, completeness or appropriateness of any Content posted by Users. Users may be held legally liable for any Content posted to this web site, and may be held legally accountable if the Content they post include(s) material that infringes any patent, trademark, trade secret, copyright or any other intellectual property or the proprietary right(s) of any person or entity. NDMG reserves the right to monitor any of its Message Boards at any time to ensure that these rules are being observed.
By using DMVUNPLUGGED.COM Message Boards, you may be exposed to Content which is offensive, indecent or otherwise objectionable to you. NDMG reserves the right to modify or remove anything submitted, posted, or uploaded to DMVUNPLUGGED.COM, at any time for any reason without prior notice. Postings which violate this Agreement may be deleted upon discovery and NDMG reserves the right to terminate or restrict access to this site of the responsible User(s). However, under no circumstances will NDMG be liable for any errors, omissions, or offensive material contained in any Content posted by Users, or for any loss, liability, claim, damage, or expense (including reasonable attorney’s fees) arising from or in connection with your use of any Content posted by any Users.
NDMG may terminate any and all information, communication(s), and/or posting(s), at any time, without notice, for conduct that violates this Agreement or other policies or guidelines set out elsewhere on DMVUNPLUGGED.COM. NDMG may delete any and all information, communication(s), and/or posting(s) for online conduct that NDMG believes is harmful to other Users, the business of NDMG, its affiliates, or other third-party information providers. Postings do not reflect the views of NDMG.
You acknowledge, consent and agree that NDMG 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 this Agreement; (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 DMVUNPLUGGED.COM, its Users and the public.
INDEMNIFICATION
You agree to indemnify NDMG and its affiliates, employees, agents, representatives and third party service providers, and to defend and hold each of them harmless, from any and all claims and liabilities (including attorneys fees) which may arise from your submissions, from your unauthorized use of material obtained through DMVUNPLUGGED.COM, or from your breach of this Agreement, or from any such acts through your use of DMVUNPLUGGED.COM
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
YOU ACKNOWLEDGE THAT YOUR USE OF DMVUNPLUGGED.COM IS AT YOUR OWN RISK. THE MATERIALS ON DMVUNPLUGGED.COM ARE PROVIDED “AS IS”, AND NDMG, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS HEREBY EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS AND IMPLIED, WITH RESPECT TO SERVICES AND GOODS SOLD ON OR THROUGH DMVUNPLUGGED.COM, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR ANY OTHER WARRANTY, CONDITION, GUARANTEE OR REPRESENTATION, WHETHER ORAL, IN WRITING OR IN ELECTRONIC FORM, INCLUDING BUT NOT LIMITED TO THE ACCURACY OR COMPLETENESS OF ANY INFORMATION CONTAINED THEREIN OR PROVIDED BY DMVUNPLUGGED.COM. NDMG, ITS AFFILIATES, AND ITS THIRD PARTY SERVICE PROVIDERS DO NOT REPRESENT OR WARRANT THAT ACCESS TO THE SERVICE WILL BE UNINTERRUPTED OR THAT THERE WILL BE NO FAILURES, ERRORS OR OMISSIONS OR LOSS OF TRANSMITTED INFORMATION, OR THAT NO VIRUSES WILL BE TRANSMITTED ON DMVUNPLUGGED.COM.
UNDER NO CIRCUMASTANCES SHALL NDMG, ITS AFFILIATES AND ITS THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTIES FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT MAY RESULT FROM THE USE OF, OR INABILITY TO USE, DMVUNPLUGGED.COM, REGARDLESS OF THE TYPE OF CLAIM OR THE NATURE OF THE CAUSE OF ACTION, EVEN IF NDMG HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME STATES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE.
NDMG’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, UNDER CONTRACT, TORT OR OTHERWISE, SHALL NOT EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING DMVUNPLUGGED.COM. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, IN PART: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR”.
TERMINATION
NDMG may terminate your ability to access DMVUNPLUGGED.COM, for any or no reason, without notice.
MISCELLANEOUS
You agree that any and all disputes arising out of this Agreement, except for copyright claims, shall be governed and construed in accordance with the laws of the State of Maryland without regard for its conflict of law principles, and any action, including copyright claims, must be brought in a state or federal court in Maryland. Both parties agree to submit to the exclusive personal jurisdiction and venue of such courts.
NDMG makes no representation that materials on DMVUNPLUGGED.COM are appropriate, available or legal in any particular location. Those who choose to use DMVUNPLUGGED.COM do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
