Terms and Conditions of This Site
This site is developed and maintained by Great River Technology, Inc., (GRT) and is for reference only.
1(A). User shall use FCAV.info for lawful purposes only. User shall not post or transmit through FCAV.info any material which violates or infringes in any way upon the rights of others, which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or which, without GRT's express prior approval, contains advertising or any solicitation with respect to products or services. Any conduct by a User that in GRT's discretion restricts or inhibits any other User from using or enjoying FCAV.info will not be permitted. User shall not use FCAV.info to advertise or perform any commercial solicitation.
(B). FCAV.info contains copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of FCAV.info are copyrighted as a collective work under the United States copyright laws. GRT owns a copyright in the content original to it. User may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. User may download copyrighted material for User's personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of GRT and the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. User acknowledges that it does not acquire any ownership rights by downloading copyrighted material.
(C). User shall not upload, post or otherwise make available on FCAV.info any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right and the burden of determining that any material is not protected by copyright rests with User. User shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from such a submission. By submitting material to any public area of FCAV.info, User automatically grants, or warrants that the owner of such material has expressly granted GRT the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate and distribute such material (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or hereafter developed for the full term of any copyright that may exist in such material. User also permits any other User to access, view, store or reproduce the material for that User's personal use. User hereby grants GRT the right to edit, copy, publish and distribute any material made available on FCAV.info by User.
(D). The foregoing provisions are for the benefit of GRT, its affiliates, distributors, and suppliers and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf. Disclaimer of Warranty; Limitation of Liability.
(E). USER EXPRESSLY AGREES THAT USE OF FCAV.INFO IS AT USER'S SOLE RISK. NEITHER GRT, ITS AFFILIATES NOR ANY OF THEIR RESPECTIVE EMPLOYEES, AGENTS, THIRD PARTY CONTENT PROVIDERS OR LICENSORS WARRANT THAT FCAV.INFO WILL BE UNINTERRUPTED OR ERROR FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM USE OF FCAV.INFO, OR AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION, SERVICE, OR MERCHANDISE PROVIDED THROUGH FCAV.INFO.
(F). FCAV.INFO IS PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE IMPLIED BY AND INCAPABLE OF EXCLUSION, RESTRICTION OR MODIFICATION UNDER THE LAWS APPLICABLE TO THIS AGREEMENT.
(G). THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR INJURY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION. USER SPECIFICALLY ACKNOWLEDGES THAT GRT IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD-PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH USER.
(H). IN NO EVENT WILL GRT, OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING FCAV.INFO, BE LIABLE FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE FCAV.INFO. USER HEREBY ACKNOWLEDGES THAT THE PROVISIONS OF THIS SECTION SHALL APPLY TO ALL CONTENT ON FCAV.INFO.
(I). IN ADDITION TO THE TERMS SET FORTH ABOVE NEITHER, GRT, NOR ITS AFFILIATES, DISTRIBUTORS, OR VENDORS SHALL BE LIABLE REGARDLESS OF THE CAUSE OR DURATION, FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN, OR UNTIMELINESS OR UNAUTHENTICITY OF, THE INFORMATION CONTAINED WITHIN FCAV.INFO, OR FOR ANY DELAY OR INTERRUPTION IN THE TRANSMISSION THEREOF TO THE USER, OR FOR ANY CLAIMS OR LOSSES ARISING THEREFROM OR OCCASIONED THEREBY. NONE OF THE FOREGOING PARTIES SHALL BE LIABLE FOR ANY THIRD-PARTY CLAIMS OR LOSSES OF ANY NATURE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, PUNITIVE OR CONSEQUENTIAL DAMAGES. NEITHER, GRT, NOR ITS AFFILIATES, DISTRIBUTORS, OR VENDORS WARRANT OR GUARANTEE THE TIMELINESS, SEQUENCE, ACCURACY OR COMPLETENESS OF THIS INFORMATION. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OBTAINED FROM THE USE OF THE INFORMATION.
2. Monitoring. GRT shall have the right, but not the obligation, to monitor the content of FCAV.INFO, including chat rooms and forums, to determine compliance with this Agreement and any operating rules established by GRT and to satisfy any law, regulation or authorized government request. GRT shall have the right in its sole discretion to edit, refuse to post or remove any material submitted to or posted on FCAV.INFO. Without limiting the foregoing, GRT shall have the right to remove any material that GRT, in its sole discretion, finds to be in violation of the provisions hereof or otherwise objectionable.
3. Indemnification. User agrees to defend, indemnify and hold harmless GRT, its affiliates and their respective directors, officers, employees and agents from and against all claims and expenses, including attorneys' fees, arising out of the use of FCAV.INFO by User.
4. Termination. Either GRT or User may terminate this Agreement at any time. Without limiting the foregoing, GRT shall have the right to immediately terminate User's access in the event of any conduct by User which GRT, in its sole discretion, considers to be unacceptable, or in the event of any breach by User of this Agreement. The provisions of Sections (B), (C), (D), 2, 3, 4 and this Section 5 shall survive termination of this Agreement.
5. Trademarks. GRT, FCAV.INFO and each of their logos are trademarks of Great River Technology, Inc. All rights reserved. All other trademarks appearing on FCAV.INFO are the property of their respective owners.