Please read these terms and conditions of use (“Terms of Use” or “Terms”) carefully. By accessing or using this site, you agree to be bound by the Terms in effect on the date of any such access or use.

 

1.    You Agree to These Terms by Accessing or Using This Site

 

    Your access or use of any website owned or controlled by Abarth750GTforum.com (“We,” “Our,” or “Us”) that links to these Terms (collectively, the “Site”) is governed by the terms and conditions set forth in this document. By accessing or using the Site you accept these Terms without limitation or qualification. If you do not agree to accept these Terms without limitation or qualification, please exit the Site and cease all further use of, or access to, the Site. These Terms govern your access to, and use of, the Site regardless of how you access or use the site.

 

THIS SITE IS INTENDED FOR USE BY PEOPLE THIRTEEN (13) YEARS OF AGE OR OLDER. BY USING THIS SITE, YOU AFFIRM THAT YOU ARE THIRTEEN YEARS OF AGE OR OLDER, AND THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT.

 

2.    Restriction on Unauthorized Use

 

    Portions of this Site requiring a username and password have been designed exclusively for those of Our customers who have properly registered and been granted access to such portions of the Site. Use of such portions of the Site without an approved registration and Our authorization to use the site is a violation of these Terms, and of state and federal civil and criminal laws. We track authorized and unauthorized use of this Site. Unauthorized users are subject to prosecution.

 

3.    Restrictions on Use of Materials

 

    The materials contained on this site are protected by the United States copyright and trademark laws and may be protected by the laws of other countries. All copyrights, trademarks, service marks, and trade dress on this Site are Our property, or the property of the third parties designated on this Site as the owners of those rights.

 

    Except as explicitly provided in these Terms, the contents of this Site are intended solely for your personal, noncommercial use. Accordingly, no material from this Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way other than the downloading of one copy of the materials on a single computer for your personal, noncommercial use. If you choose to download any material from Our Site, the following additional restrictions apply: (1) you must keep intact all of the copyright, trademark, and other proprietary notices; (2) you must not make any modifications to the materials; and (3) you must not use the materials in a manner that suggests any association, approval, or endorsement by Us.

 

4.    Rules of Conduct

 

    While accessing our Site, you are required to comply with all applicable laws, rules, and regulations. Some portions of this Site allow you to post or upload your own material. Regardless of which portions of the Site you are using, you agree not to:

 

• Post, upload, transmit, or otherwise make available through or in connection with the Site, anything that is:

 

• • threatening, abusive, harassing, degrading, hateful, or intimidating;

  • false, misleading, defamatory, or libelous;

  • fraudulent or tortious;

  • profane, obscene, indecent, pornographic, or otherwise objectionable;

  • protected by copyright, trademark, trade secret, right of publicity, or other proprietary right without the express, written prior consent of the owner of such right; or

 

• Post, upload, transmit, other otherwise make available through or in connection with the Site:

 

• • any material that promotes racism, bigotry, hatred, or harm against any group or individual, or promotes discrimination based on race, gender, religion, nationality, disability, sexual orientation, or age;

  • any material that disparages Us or our partners;

  • any material that would give rise to criminal or civil liability, that encourages conduct that constitutes a criminal offense, or that encourages or provides instructional information about illegal activities or activities such as phishing, email spoofing, hacking, cracking, or phreaking;

  • any computer virus, ransomware, worm, Trojan horse, rootkit, keylogger, dialer, spyware, adware, malicious BHO, rogue security software, or other computer code, file, or program that is harmful or invasive or that may, or is intended to, damage or hijack the operation of, or to monitor the use of, this Site or any hardware, software, or equipment;

  • any unsolicited or unauthorized advertising, promotional material, junk mail, spam, chain letter, pyramid scheme, or investment opportunity, or any other form of solicitation; or

  • any material, non-public information about a company without proper authorization to do so.

 

• Use the Site to harass, stalk, threaten, or otherwise violate the legal rights of others, including without limitation others’ privacy rights or rights of publicity, or harvest or collect personally-identifiable information about the users of the Site;

• Impersonate any person or entity, including without limitation any Site moderator or any of Our representatives or the representatives of an affiliated entity;

• Falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that We endorse any statement you make;

• Interfere with or disrupt the operation of the Site, or the servers or networks used to make the Site available, or violate any requirements, procedures, policies, or regulations of such networks;

• Restrict or inhibit any other person from using the Site, including without limitation by hacking or defacing any portion of the Site;

• Reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purpose any portion of, use of, or access to the Site;

• Remove copyright, trademark, or other proprietary rights notices from the Site or from materials originating from the Site;

• Frame or mirror any part of the Site, or any software or service provided on or in connection with the Site, without Our express prior written consent;

• Create a database by downloading and storing Site content;

• Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, scrape, data mine, or in any way gather Site content, or reproduce or circumnavigate the navigational structure or presentation of the Site; or

• Modify, prepare derivative works of, or reverse engineer Our services or contents of the Site.

 

We reserve the right to cooperate with law enforcement authorities or court orders seeking disclosure of identity and other personal information of anyone violating these Terms.

 

    Notwithstanding the restrictions above, and subject to compliance with any instructions posted in the robots.txt file located in the Site’s root directory, We grant to the operators of public search engines permission to use spiders to copy materials created for the Site for the sole purpose of (and solely to the extent necessary for) creating publicly-available, searchable indices of such materials.

 

5.    Use of Our Forums

 

    The forums and other portions of this Site provide users with the opportunity to submit, post, and exchange information, ideas, opinions, images, and other materials (together, “Postings”). If you participate in any forum, chat area, message board, or email function offered on the Site, you agree you will not: (1) defame, abuse, or harass others; (2) make any bigoted or racially offensive statements; (3) advocate illegal activities; (4) post or distribute any material that violate or infringes the rights of others; or (5) use the Site for commercial purposes of any kind except as expressly provided in these Terms. We reserve the right to remove or edit Postings at any time for any reason.

 

    By submitting a Posting, you automatically grant Us a perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify adapt, publish, translate and display such materials or incorporate such materials into any form, medium or technology now known or later developed.

 

6.    Downloads

 

    If you choose to download any material from our site, the following restrictions apply:

 

1. you must not use the materials in a manner that suggests any association or approval or endorsement by Us;

2. you may only use the materials for personal, noncommercial purposes;

3. you must not make any modifications to the materials; and 

4. you must keep intact all copyright, trademark and other proprietary notices.

 

Any material downloaded or otherwise obtained through the use of this Site is done at your own discretion and risk. You acknowledge and agree that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.

 

7.    Use of Our Marketplace

 

    Portions of this Site allow users to advertise, offer, sell, or give away products and services that relate to the subject matter of the Site and may be of interest to other Users. If you use any portion of the Site for such purposes, whether the portions of the Site explicitly provided for such purposes, or Our forums, email, or private messages with other Users, the following terms apply:

 

1. Buyers

When you participate in a marketplace function on this Site, it is important to note that We are not a part of that transaction. By engaging in such transactions on this Site, you understand that:

 

• You are not buying directly from Us, but from another user of this Site; 

• We do not pre-screen users, including any users posting goods or services for sale or for free, therefore We do not guarantee or endorse any products or services offered, sold, or given away on this Site, and do not guarantee or endorse any content posted by users offering, selling, or giving away products or services (such as photographs or the language used, or representations made, in such offers to sell or give away);

• We bear no responsibility for products or services that are not as described by another user on this Site, not delivered, or that are not satisfactory to you; and

• We have no ability to, and are not responsible for, recovering any money paid by you to another user of this Site for any purpose whatsoever.

 

If you come across an offer to sell or give away products or services that you find concerning or that you believe violate Our Terms, please contact Us privately. You agree, however, that just because you contact us about an offer to sell or give away such products or services, We are not taking responsibility for such products or services, or any posting that offers them. Whether or not to remove such content from the Site is a matter of Our sole discretion.

 

1. Sellers

 

When you offer a product or service through this Site, whether for a fee or as a giveaway, you promise to provide truthful, accurate information about the product or service. You further understand and agree that:

 

• You will not sell, offer to sell, or offer to give away:

 

• • alcohol, tobacco, drugs, drug paraphernalia, or medical drugs;

  • animal products or human remains;

  • dangerous, hazardous, or recalled items; 

  • weapons;

  • items that promote, support, or glorify hate, violence, or racism;

  • any illegal items, or items promoting illegal activity;

  • any regulated items that you cannot legally provide through this Site;

  • pornography or adult content;

  • goods or services that violate patent, trademark, copyright, trade secret, or other proprietary rights of any third party.

 

• We have the right to remove any posting or listing offering to sell or give away any products or services, at any time and for any reason, in our sole discretion. 

 

We are not responsible for any monies due or owed, or claimed to be due or owed, to you by any other user of this Site, for any reason whatsoever. You understand that obtaining payment for any product or service offered through this Site is your responsibility alone and cannot be done through this Site but must instead be done through a third party. 

 

8.    Intellectual Property Rights

 

    You agree that We or Our licensors retain all proprietary right, title and interest in and to any copyrights, trademarks, patent rights, or any other proprietary rights of any type whatsoever, owned by Us and embodied in or relating to the Site, including, without limitation, all modifications, enhancements, derivative works, and upgrades thereto. 

 

You further agree that all proprietary right, title, and interest in and to any copyrights, trademarks, patent rights, or any other proprietary rights of any type whatsoever owned by third parties remain the sole and exclusive property of those third parties.

 

You agree you will not take any action, or use any material from the Site, in a way that damages, harms, or threatens Our intellectual property rights or those of third parties. 

 

9.    Your Personal Data

 

    Any personal data you submit through this Site will be used by Us in accordance with Our Privacy Policy as seen below, or found here: Privacy Policy.

 

10.    Third-Party Websites and Links

 

    This Site may provide links to other websites and online resources. Because We have no control over such sites and resources, you acknowledge and agree that We have no responsibility for the availability of such sites or resources, or for any content appearing on or available through such sites or resources. Further, you agree that We are not responsible or liable for any advertising on such sites or resources, or for any purchases or other transactions made through such sites or resources.

 

    YOU AGREE THAT YOUR USE OF THIRD-PARTY WEBSITES AND RESOURCES, INCLUDING WITHOUT LIMITATION YOUR USE OF ANY CONTENT, INFORMATION, DATA, ADVERTISING, PRODUCTS, OR OTHER MATERIALS ON OR AVAILABLE THROUGH SUCH WEBSITES AND RESOURCES, IS AT YOUR OWN RISK AND IS SUBJECT TO THE TERMS AND CONDITIONS APPLICABLE TO SUCH SITES AND RESOURCES.

 

11.    Access to the Site; Security

 

    We do not guarantee that the Site will be or remain secure, complete, or correct, or that access to the Site will be uninterrupted.

 

12.    Passwords

 

    You agree that you will not, under any circumstances, share your username or password with any other person or entity. Doing so terminates any rights you have under these Terms. You further agree to undertake your best efforts to prevent transmission of usernames or passwords used in connection with your access to the Site.

 

    We are not responsible for any unauthorized acquisition and use of passwords or unauthorized access to the Site resulting from such acquisition and use.

 

    You will notify Us immediately of any unauthorized use of your username or password, or of your user account, or any other known or suspected breach of security or confidentiality related to your use of or access to the Site.

 

13.     Limitations of Liability and Disclaimer of Warranties

 

    THE SITE AND ANY SOFTWARE, PRODUCTS, MATERIALS, OR SERVICES (“SERVICES”) MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE ARE PROVIDED ON AN ‘AS IS’ BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY. YOU AGREE THAT YOU MUST EVALUATE, AND THAT YOU BEAR ALL RISKS ASSOCIATED WITH, THE USE OF THE SITE, INCLUDING WITHOUT LIMITATION ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF ANY SERVICES AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE. WE DO NOT WARRANT THAT ANY SERVICES WILL BE SUITABLE FOR USE FOR ANY PARTICULAR PURPOSE, OR WILL MEET ANY SPECIFIC USER REQUIREMENTS. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE OR THROUGH USE OF ANY SERVICES MADE AVAILABLE THROUGH OR IN CONNECTION WITH THE SITE IS DOWNLOADED OR OTHERWISE OBTAINED OR UTILIZED BY YOU AT YOUR OWN DISCRETION AND RISK. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOU RESULTING FROM YOUR USE OF THE SITE. THE ENTIRE RISK ARISING OUT OF USE OR PERFORMANCE OF THE SITE AND SERVICES REMAINS WITH YOU.

 

    TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL EITHER WE BE LIABLE TO YOU FOR PERSONAL INJURY OR DEATH, OR ANY INCIDENTAL, SPECIAL, INDIRECT, OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING FROM LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE USE OF, OR INABILITY TO USE, THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

    Please note that some jurisdictions may not allow the exclusion of certain damages, so some of the above exclusions may not apply to you. 

 

14.    Indemnification

 

    You agree to defend, indemnify, and hold harmless Us, as well as Our directors, officers, employees, agents, representatives, and licensors, from and against all claims, losses, costs, and expenses (including without limitation attorneys’ fees) arising out of: (a) your use of, or activities in connection with, the Site; (b) any violation of these Terms by you or through your account; or (c) any allegation that any materials you upload to or make available through the Site or associated services infringe or otherwise violate the copyright, trademark, trade secret, privacy, publicity, or other intellectual property or proprietary right of any third party. 

 

15.    Changes to These Terms

 

    We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting a revised version of these Terms on this Site. Your use of the Site following any changes to these Terms will constitute your acceptance of such changes. 

 

16.    Terms and Termination

    

    These Terms are effective until terminated by Us. We may terminate your access to or use of the Site if We believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination, your rights to access and use the Site will immediately cease. You agree that termination of your access to, or use of, the Site may be effected without prior notice, and that We may immediately deactivate or delete your username, password, and all related information and files associated with it. Further, We may bar all further access to such information and files. You agree that We will not be liable to you or any third party for any termination of your access to the Site or to any such information and files. 

 

    Sections 8, 9, and 13 through 20 hereof shall survive any termination or expiration of these Terms. 

 

17.    Assignment

 

    We may assign these Terms, in whole or in part, at any time without any notice to You.

 

18.    Jurisdictional Matters

 

    The Site is controlled and operated by Us from the United States, and is not intended to subject Us to the laws or jurisdiction of any territory other than that of the United States. We do not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction. Those who choose to access the Site do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Any software provided through or in connection with the Site may be subject to United States export controls. You are responsible for complying with United States export controls and for any violation of such controls, including any United States embargoes or other federal rules and regulations restricting exports. You represent, warrant and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo or other restriction, or that has been designated by the U.S. government as a ‘terrorist supporting’ country; or (b) on any of the U.S. government lists of restricted end users.

 

19.    Miscellaneous Provisions

 

• These Terms do not, and shall not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Us;

• These Terms and your use of the Site are governed by the laws of the State of California, U.S.A., without regard to its choice of law provisions. You agree that: (a) any and all disputes, claims, and causes of action arising out of or connected with your use of the Site shall be resolved individually, without resort to any form of class action and exclusively by arbitration under the Rules of the American Arbitration Association (b) any and all claims, judgments and rewards shall be limited to actual out-of-pocket costs incurred, but in no event attorneys’ fees; and (c) under no circumstances will you be permitted to seek recovery for, and you hereby waive all rights to claim, punitive, incidental and consequential damages and any other damages, other than for actual out-of-pocket expenses and statutory damages, and waive any and all rights to have damages multiplied or otherwise increased;

• If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision;

• No waiver by either party of any breach or default hereunder will be deemed to be a waiver of any preceding or subsequent breach or default;

• Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof;

• No party will be responsible for any delay or failure to perform under these Terms due to force majeure events, including natural disasters, terrorist activities, activities of third-party service providers, interruption of communications lines, labor disputes, government actions or orders, laws, or acts of God;

• These Terms, together with all policies or rules referred to herein, constitute the entire agreement between you and Us relating to the subject matter hereof and supersedes any and all prior or contemporaneous written or oral agreements or understandings between you and Us relating to such subject matter. 

 

20.    Reservation of Rights

 

     This Site is Copyright © 2018 by Mike Suszter and John Cuny. All rights reserved. No part of the material protected by copyright may be reproduced or utilized in any form or by any means, electric or mechanical, including photocopying, recording, and broadcasting, or by any information storage or retrieval system, without permission from Us.