| Please read the following Terms of Use and Disclaimer
(the "Terms")
carefully before using our Web site, located at peachtreebmwcca.org
(the "Site"). By using this Site, you agree to these
Terms. If you do not agree to these Terms, do not use the Site.
We reserve the right, at any time, to modify, alter, or update
these Terms, and you agree to be bound by such modifications,
alterations, or updates.
Copyright; Proprietary Materials
All creative and technical design, text, graphics, interfaces,
interactive elements and the selection and arrangement
thereof on the Site are copyright 2000 - 2005 Peachtree
Chapter of the BMW Car Club of America, Inc. ALL RIGHTS
RESERVED. Permission is granted to electronically copy
and to print hard copies of portions of the Site for the
sole purpose of reference.
The materials used and displayed
on the Site, including but not limited to all text, software,
photographs, graphics,
illustrations, artwork, video, music, sound, names, logos
and trademarks, are, unless otherwise indicated, the property
of Peachtree Chapter of the BMW Car Club of America, Inc.
("PTBMWCCA"), located at 3651 Peachtree Parkway,
Suite PMB E-348, Suwanee, GA 30024, USA or its affiliates
or licensors and are protected by copyright, trademark, and
other laws.
Any use of the Site and/or the Proprietary Materials, except
as expressly set forth herein, including reproduction for
purposes other than those noted above, modification, distribution,
dissemination, retransmission, broadcasting or republication,
without prior written permission of PTBMWCCA is strictly
prohibited.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE,
INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS,
ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES
OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, PTBMWCCA
DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR
IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS,
AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, IMPLIED WARRANTIES
ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE OR
ANY OTHER WARRANTIES UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL
CODE. IN ADDITION, PTBMWCCA DOES NOT REPRESENT OR WARRANT
THAT THE INFORMATION ACCESSIBLE VIA THIS SITE IS ACCURATE,
COMPLETE OR CURRENT. INFORMATION IS SUBJECT TO CHANGE WITHOUT
NOTICE.
Limitation on Liability
IN NO EVENT SHALL PTBMWCCA NOR ANY OF ITS AFFILIATES, AGENTS,
REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL
OR RECKLESS IN NATURE, REGARDLESS OF WHETHER PTBMWCCA HAS
BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY
OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE
USE, INABILITY TO USE, OR PERFORMANCE OF THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS AVAILABLE FROM THE SITE.
BECAUSE SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON
HOW LONG AN IMPLIED WARRANTY LASTS, OR THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. Total
liability hereunder for damages, regardless of the nature
of any claim or form of any action, shall not exceed the
total amount that has been paid to PTBMWCCA by such claimant.
Linked Web Sites
PTBMWCCA and its affiliates do not review or monitor any
Web Sites linked to the Site and are not responsible for
the content of any such linked Web Sites. Your use of such
Web Sites is at your own risk.
Governing Law
The Terms and any disputes arising out of or related to use
of the Site including, without limitation, the information,
services, products and materials contained therein, shall
be governed by, and construed and enforced in accordance
with, the laws of the State of Georgia, giving no effect
to its conflicts of law principles.
Venue
You hereby submit to the exclusive jurisdiction of the federal
and state courts of Georgia with respect to any dispute
or controversy regarding these Terms or arising out of
or related to use of the Site and you hereby submit to
the personal jurisdiction in any such action.
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