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CUSTOM CRUISIN INC.  Website Terms of Use and Notices

Last Updated: June 2002

AGREEMENT BETWEEN YOU AND CUSTOM CRUISIN INC. 

This Terms of Use and Notices applies to the CUSTOM CRUISIN INC.  Web Site and does not apply to the content of third parties.

The CUSTOM CRUISIN INC.  Web Sites are offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the CUSTOM CRUISIN INC.  Web Sites constitutes your agreement to all such terms, conditions, and notices. Your use of a particular CUSTOM CRUISIN INC.  Web Site included within the CUSTOM CRUISIN INC.  

MODIFICATION OF THESE TERMS OF USE

CUSTOM CRUISIN INC.  reserves the right to change the terms, conditions, and notices under which the CUSTOM CRUISIN INC.  Sites/Services are offered, including but not limited to the charges associated with the use of the CUSTOM CRUISIN INC.  Sites/Services. You are responsible for regularly reviewing these terms and conditions and additional terms posted on particular websites. Your continued use of the CUSTOM CRUISIN INC.  Sites/Services constitutes your agreement to all such terms, conditions, and notices.

PERSONAL AND NON-COMMERCIAL USE LIMITATION

Unless otherwise specified, the CUSTOM CRUISIN INC.  Sites/Services are for your personal and non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from the CUSTOM CRUISIN INC.  Sites/Services. Without the advance express written permission of CUSTOM CRUISIN INC. , you may not ‘meta-search’ the CUSTOM CRUISIN INC.  Sites/Services, send, or cause to be sent, any automated queries of any sort to the CUSTOM CRUISIN INC.  Sites/Services, or use the CUSTOM CRUISIN INC.  Sites/Services in any commercial manner. “Automated queries” shall include but not be limited to using any software that sends queries to any CUSTOM CRUISIN INC.  Sites/Services to determine how a web site “ranks” on any CUSTOM CRUISIN INC.  Sites/Services.

LINKS TO THIRD PARTY SITES

The CUSTOM CRUISIN INC.  Sites/Services may contain images of and links to third party Web sites ("Linked Sites"). The Linked Sites are not under the control of CUSTOM CRUISIN INC.  and CUSTOM CRUISIN INC.  is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. CUSTOM CRUISIN INC.  is not responsible for webcasting or any other form of transmission received from any Linked Site nor is CUSTOM CRUISIN INC.  responsible if the Linked Site is not working appropriately. CUSTOM CRUISIN INC.  is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by CUSTOM CRUISIN INC.  of the site or any association with its operators. You are responsible for viewing and abiding by the privacy statements and terms of use posted at the Linked Sites.

Any dealings with third parties (including advertisers) included within the CUSTOM CRUISIN INC.  Sites/Services or participation in promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such dealings or promotions, are solely between you and the advertiser or other third party. CUSTOM CRUISIN INC.  shall not be responsible or liable for any part of any such dealings or promotions.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the CUSTOM CRUISIN INC.  Sites/Services, you will not use the CUSTOM CRUISIN INC.  Sites/Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the CUSTOM CRUISIN INC.  Sites/Services in any manner that could damage, disable, overburden, or impair any CUSTOM CRUISIN INC.  Site/Service(s) (or the network(s) connected to any CUSTOM CRUISIN INC.  Site/Service(s)) or interfere with any other party's use and enjoyment of any CUSTOM CRUISIN INC.  Site/Service(s). You may not attempt to gain unauthorized access to any CUSTOM CRUISIN INC.  Site/Service, other accounts, computer systems or networks connected to any CUSTOM CRUISIN INC.  Site/Service, through hacking, password mining or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through the CUSTOM CRUISIN INC.  Sites/Services.

USE OF SERVICES

The CUSTOM CRUISIN INC.  Sites/Services may contain e-mail services, bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, photo albums, file cabinets and/or other message or communication facilities designed to enable you to communicate with others (collectively, "Communication Services"). You agree to use the Communication Services only to post, send and receive messages and material that are proper and, when applicable, related to the particular Communication Service. By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

• Use the Communication Service in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicative or unsolicited messages (commercial or otherwise).
• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
• Publish, post, upload, distribute or disseminate any topic, name, material or information that incites discrimination, hate or violence towards one person or a group because of their belonging to a race, a religion or a nation, or that insults the victims of crimes against humanity by contesting the existence of those crimes.
• Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents to do the same.
• Use any material or information, including images or photographs, which is made available through the CUSTOM CRUISIN INC.  Sites/Services in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any party.
• Upload files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another.
• Use of meta tag searches on the web sites.
• Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
• Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
• Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
• Restrict or inhibit any other user from using and enjoying the Communication Services.
• Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
• Harvest or otherwise collect information about others, including e-mail addresses.
• Violate any applicable laws or regulations.
• Create a false identity for the purpose of misleading others.
• Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of users of an CUSTOM CRUISIN INC.  Site/Service(s) or other user or usage information or any portion thereof.

CUSTOM CRUISIN INC.  has no obligation to monitor the Communication Services. However, CUSTOM CRUISIN INC.  reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. CUSTOM CRUISIN INC.  reserves the right to terminate your access to any or all of the Communication Services at any time, without notice, for any reason whatsoever.

CUSTOM CRUISIN INC.  reserves the right at all times to disclose any information as CUSTOM CRUISIN INC.  deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in CUSTOM CRUISIN INC. 's sole discretion.

Always use caution when giving out any personally identifiable information about yourself or your children in any Communication Service. CUSTOM CRUISIN INC.  does not control or endorse the content, messages or information found in any Communication Service and, therefore, CUSTOM CRUISIN INC.  specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized CUSTOM CRUISIN INC.  spokespersons, and their views do not necessarily reflect those of CUSTOM CRUISIN INC. .

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination, you are responsible for adhering to such limitations if you download the materials.

MATERIALS PROVIDED TO CUSTOM CRUISIN INC.  OR POSTED AT ANY CUSTOM CRUISIN INC.  WEB SITE

CUSTOM CRUISIN INC.  does not claim ownership of the materials you provide to CUSTOM CRUISIN INC.  (including feedback and suggestions) or post, upload, input or submit to any CUSTOM CRUISIN INC.  Site/Service or its associated services for review by the general public, or by the members of any public or private community, (each a "Submission" and collectively "Submissions"). However, by posting, uploading, inputting, providing or submitting ("Posting") your Submission you are granting CUSTOM CRUISIN INC. , its affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses (including, without limitation, all CUSTOM CRUISIN INC.  Sites/Services), including, without limitation, the license rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; to publish your name in connection with your Submission; and the right to sublicense such rights to any supplier of a CUSTOM CRUISIN INC.  Site/Service.

No compensation will be paid with respect to the use of your Submission, as provided herein. CUSTOM CRUISIN INC.  is under no obligation to post or use any Submission you may provide and CUSTOM CRUISIN INC.  may remove any Submission at any time in its sole discretion.

By Posting a Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in these Terms of Use including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

LIABILITY DISCLAIMER

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE CUSTOM CRUISIN INC.  SITES/SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE CUSTOM CRUISIN INC.  SITES/SERVICES AND TO THE INFORMATION THEREIN. CUSTOM CRUISIN INC.  AND/OR ITS RESPECTIVE SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CUSTOM CRUISIN INC.  SITES/SERVICES AT ANY TIME. ADVICE RECEIVED VIA THE CUSTOM CRUISIN INC.  SITES/SERVICES SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

CUSTOM CRUISIN INC.  AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, LACK OF VIRUSES OR OTHER HARMFUL COMPONENTS AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED WITHIN THE CUSTOM CRUISIN INC.  SITES/SERVICES FOR ANY PURPOSE. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. CUSTOM CRUISIN INC.  AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, TITLE AND NON-INFRINGEMENT.

YOU SPECIFICALLY AGREE THAT CUSTOM CRUISIN INC.  SHALL NOT BE RESPONSIBLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ANY MATERIAL OR DATA SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY TRANSACTIONS ENTERED INTO THROUGH AN CUSTOM CRUISIN INC.  SITE/SERVICE. YOU SPECIFICALLY AGREE THAT CUSTOM CRUISIN INC.  IS NOT RESPONSIBLE OR LIABLE FOR ANY THREATENING, DEFAMATORY, OBSCENE, OFFENSIVE OR ILLEGAL CONTENT OR CONDUCT OF ANY OTHER PARTY OR ANY INFRINGEMENT OF ANOTHER'S RIGHTS, INCLUDING INTELLECTUAL PROPERTY RIGHTS. YOU SPECIFICALLY AGREE THAT CUSTOM CRUISIN INC.  IS NOT RESPONSIBLE FOR ANY CONTENT SENT USING AND/OR INCLUDED IN A CUSTOM CRUISIN INC.  SITE/SERVICE BY ANY THIRD PARTY.

IN NO EVENT SHALL CUSTOM CRUISIN INC.  AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE CUSTOM CRUISIN INC.  SITES/SERVICES, WITH THE DELAY OR INABILITY TO USE THE CUSTOM CRUISIN INC.  SITES/SERVICES OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE CUSTOM CRUISIN INC.  SITES/SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE CUSTOM CRUISIN INC.  SITES/SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CUSTOM CRUISIN INC.  OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE CUSTOM CRUISIN INC.  SITES/SERVICES, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE CUSTOM CRUISIN INC.  SITES/SERVICES.

NO SPAM; DAMAGES

CUSTOM CRUISIN INC.  will immediately terminate any account which it believes, in its sole discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, because damages are often difficult to quantify, if actual damages cannot be reasonably calculated then you agree to pay CUSTOM CRUISIN INC.  liquidated damages of $5 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your account, otherwise you agree to pay CUSTOM CRUISIN INC. 's actual damages, to the extent such actual damages can be reasonably calculated.

GENERAL

This agreement is governed by the laws of the State of Virginia, U.S.A. You hereby irrevocably consent to the exclusive jurisdiction and venue of courts in Henrico County, Virginia, U.S.A. in all disputes arising out of or relating to the use of the CUSTOM CRUISIN INC.  Sites/Services. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CUSTOM CRUISIN INC.  as a result of this agreement or use of the CUSTOM CRUISIN INC.  Sites/Services. You agree to indemnify and hold CUSTOM CRUISIN INC. , its parents, subsidiaries, affiliates, officers and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party due to or arising out of your use of or conduct on the CUSTOM CRUISIN INC.  Sites/Services. CUSTOM CRUISIN INC.  reserves the right to disclose any personal information about you or your use of the CUSTOM CRUISIN INC.  Sites/Services, including its contents, without your prior permission if CUSTOM CRUISIN INC.  has a good faith belief that such action is necessary to: (1) conform to legal requirements or comply with legal process; (2) protect and defend the rights or property of CUSTOM CRUISIN INC.  or its affiliated companies; (3) enforce the terms or use; or (4) act to protect the interests of its members or others. CUSTOM CRUISIN INC. 's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CUSTOM CRUISIN INC. 's right to comply with governmental, court and law enforcement requests or requirements relating to your use of the CUSTOM CRUISIN INC.  Sites/Services or information provided to or gathered by CUSTOM CRUISIN INC.  with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CUSTOM CRUISIN INC.  with respect to the CUSTOM CRUISIN INC.  Sites/Services and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CUSTOM CRUISIN INC.  with respect to the CUSTOM CRUISIN INC.  Sites/Services. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

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