Terms of Use
EFFECTIVE DATE: NOVEMBER 16, 2021
INTRODUCTION
These Terms of Use (“Terms”) are a legal agreement between you and Blue Ridge Corvette Club ("us", "we", or "our") and govern your use either as a visitor, content contributor, or as a registered user ("Member Account") ("user" or "you") of the Blue Ridge Corvette Club website ("Website"), applications, and other products and services (collectively, the "Services") that include an authorized link to these Terms. The Website is operated by Blue Ridge Corvette Club.
Use of, posting of information to, and access to the Services are subject to your compliance with these Terms, so please read them carefully before using the Services. Blue Ridge Corvette Club reserves the right to limit or terminate your access to the Services or terminate or suspend your registration for failure to comply with the Terms and policies posted.
BY ACCESSING AND USING THE SERVICES IN ANY WAY, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO ALL OF THE TERMS AND CONDITIONS, DO NOT USE OR POST INFORMATION ON THE SERVICES IN ANY MANNER.
Click on each header below for more information or scroll down to read the full terms.
CHANGES TO THESE TERMS
These Terms are effective as of the Effective Date listed above. If you have not reviewed the Terms since the Effective Date, please review these updated Terms carefully before using the Services.
Blue Ridge Corvette Club reserves the right to edit, change, modify, update, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of the Services, following the posting of any changes, will signify your acceptance of those changes.
Any changes or modifications will be effective immediately upon posting the updated Terms on the Services, and you waive the right to receive specific notice of each such change or modification. If you do not agree with any changes to these Terms, your sole remedy is not use the Services. If you continue to use the Services after we change these Terms, you accept all changes
This agreement is an understanding between Blue Ridge Corvette Club and you, and this supersedes and replaces all prior Terms regarding the use of the Services.
PRIVACY POLICY
Before you continue using our Services, we advise you to consult our Privacy Policy regarding our privacy policy. By using the Services, you are consenting to the terms of our privacy policy.
CONDITIONS OF USE
By using the Services or registering as a Blue Ridge Corvette Club Account Member, you certify that you have read and reviewed the Terms and that you agree to comply with its Terms. If you do not want to be bound by the Terms of this agreement, you are advised to leave the Services accordingly. Blue Ridge Corvette Club only grants use and access of the Services, and its services to those who have accepted its Terms.
USER AND MEMBER ACCOUNT REGISTRATION
As a user or Blue Ridge Corvette Club Account Member of the Services you may be asked to register with us and provide private information. To gain access to the Member Login ("Member Account" or "Members Only") section, you must register by creating a user account with our hosting service provider ("Provider" or "Google"). User account registration requires you to submit to Provider certain personal information, such as your name, email address, and other information. You grant Provider the right to provide any information you submit to Provider to third parties for purposes of facilitating the completion of any necessary transactions initiated by you or on your behalf.
You are responsible for ensuring the accuracy of this information, and you are responsible for safeguarding the password that you use to access your Member Account, and it is recommended that you choose a strong password that has sufficient length and complexity such as other parties will not readily guess your password. You should take measures to maintain and preserve the confidentiality of the username and password associated with your Member Account, and you must notify Provider and Blue Ridge Corvette Club promptly of any unauthorized use or suspected breach of security of your Member Account. Provider and Blue Ridge Corvette Club shall not be liable for any losses or damages that may result from any unauthorized use of your Member Account or failure to maintain appropriate confidentiality measures. You agree not to disclose your password to any other party and to take sole responsibility for any activities or actions under your Member Account, whether or not you have authorized such activities or actions. Provider owns your Member Account credentials and may revoke or change them at any time.
INTELLECTUAL PROPERTY
You agree that all materials, products, services and other content associated with the Services ("Content") provided by Blue Ridge Corvette Club, its affiliates, third party vendors or hosting service providers, including all copyrights, trade secrets, trademarks, and patents, are protected by intellectual property and other laws in the U.S. and in other countries. You must comply with all such laws and applicable copyright, trademark or legal notices or restrictions. You also agree that you will not reproduce or redistribute the Blue Ridge Corvette Club's intellectual property in any way, including electronic, digital, or new trademark registrations. No transfer of ownership to any portion of the Content shall be made as a result of any access you are granted.
You grant Blue Ridge Corvette Club a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the content you upload and publish. We do not claim ownership of your content that you post on or through the Services, but you grant us a license to use it. When you share, post, or upload content that is covered by intellectual property rights (like photos or videos) on or in connection with our Services, you hereby grant us a non-exclusive, royalty-free, transferable, sub-licensable, worldwide license to host, use, distribute, modify, copy, publicly display, translate, and create derivative works of your content (consistent with your privacy and application settings). You can end this license anytime by terminating your account with the Blue Ridge Corvette Club. However, content will continue to appear if it has previously been posted and shared on the Services.
USER SUBMISSIONS
Some of the Services may allow you to submit or transmit email, photos, video, or other materials, including so-called "user generated content" (collectively, "User Submissions") to or through the Services. When you provide User Submissions, you grant Blue Ridge Corvette Club and its third party vendors and partners a non-exclusive, worldwide, royalty-free, perpetual, irrevocable, licensee to use, reproduce, archive, edit, translate, create derivative works of, make available, distribute, display, and transmit those User Submissions.
We respect your ownership of User Submissions. You will continue owning your User Submission after providing it to us, subject to any rights granted in these Terms and any access granted to others. Please note that if you delete a User Submission from the Services:
The User Submission may still exist in backup copies, which are not publicly available.
If your User Submission was shared with third parties, those third parties may have retained copies of your User Submissions, and neither we nor our third party affiliates have any responsibility for any uses of your User Submissions that they might make.
We may refuse or remove a User Submission without notice to you. However, we have no obligation to monitor User Submissions, and you agree that neither we nor our third party affiliates will be liable for User Submissions or any loss or damage resulting from User Submissions.
We do not guarantee that User Submissions will be private, even if the User Submission is in a password-protected area. Accordingly, you should not provide User Submissions that you want protected from others.
You bear all responsibility for your User Submissions. You represent and warrant that you have all rights necessary to grant Blue Ridge Corvette Club the license above and that your User Submissions do not violate the Acceptable Use section.
LINKS TO THIRD PARTY WEBSITES AND SERVICES
In attempting to provide you with comprehensive and useful resources, the Services may contain links to third-party websites, which are not under the control of Blue Ridge Corvette Club. Blue Ridge Corvette Club is not responsible for the content of or products provided by any linked site or any link contained in a linked site, or any changes or updates to such sites. Blue Ridge Corvette Club is providing these links to you only as a convenience, and the inclusion of any link does not imply that Blue Ridge Corvette Club endorses, guarantees, or accepts any responsibility for the content or products on such a third-party site.
In connection with your use of the Services, you may be made aware of services, products, offers, and promotions provided by third parties, and not by Blue Ridge Corvette Club. If you decide to use third-party services or products, you are responsible for reviewing and understanding the terms and conditions governing any third-party service or product. You agree that the third party, and not Blue Ridge Corvette Club, is responsible for the performance of the third-party services or products. In certain instances, you may be able to connect and/or link your account to certain third party social media sites ("Social Media Sites"), including, without limitation, Facebook, or third party services, including, without limitation, Google. Note that the Services require use of a Google Account to access the Members Only section of the Services.
BY CONNECTING OR LINKING YOUR ACCOUNT TO ANY SOCIAL MEDIA OR THIRD PARTY SERVICES, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE CONSENTING TO THE CONTINUOUS RELEASE OF INFORMATION ABOUT YOU TO OTHERS, INCLUDING TO THE SOCIAL MEDIA SITE OR THIRD PARTY SERVICES (IN ACCORDANCE WITH YOUR PRIVACY SETTINGS ON SUCH SOCIAL MEDIA SITE OR THIRD PARTY SERVICES). IF YOU DO NOT WANT INFORMATION ABOUT YOU TO BE SHARED IN THIS MANNER, DO NOT CONNECT OR LINK YOUR ACCOUNT TO ANY SOCIAL MEDIA SITE OR THIRD PARTY SERVICES.
ACCEPTABLE USE
Without limiting any other provision in these Terms, you agree not to do the following, or assist others to do the following:
Access the Services using any interface other than ours
Post or transmit any information constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, constitute unauthorized practice of a professional service, or otherwise violate any local, state, national, or foreign law
Post or transmit any material that is inappropriate, profane, vulgar, offensive, fraudulent, disparaging, defamatory, obscene, illegal, sexually explicit, racist, that promotes violence, libelous, sexist, threatening, abusive, hateful, terrorism, or that we deem, in our sole discretion, to be otherwise objectionable
Post, publish, transmit, reproduce, distribute, or in any way exploit any information, software, or other material obtained through the Services for commercial purposes (other than as expressly permitted by the provider of such information, software, or other material)
Violate any person's or entity's legal rights (including, without limitation, intellectual property, privacy, and publicity rights), transmit material that violates or circumvents such rights, or remove or alter intellectual property or other legal notices
Post or transmit any information, file, or software that contains a virus, Trojan horse, worm, spyware, adware, or other harmful component
Advertise or promote goods or services without our permission (including, without limitation, by sending unsolicited email)
Interfere with others using the Services or otherwise disrupt the Services
Use the Services to generate traffic for other sites
Take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services or Blue Ridge Corvette Club’s systems or networks, or any systems or networks connected to the Services
Upload, post, publish, reproduce, disassemble, decompile, reverse engineer, transmit, or distribute in any way any component, software or other technology included in the Content or used by the Services
Transmit, collect, or access personally identifiable information about other users without the consent of those users and Blue Ridge Corvette Club
Use any robot, spider, scraper, or other automated means to access the Services or Content, or use any other unauthorized automated means to gather data from or about the Services
Impersonate any person or entity or otherwise misrepresent your affiliation or the origin of materials you transmit
Remove, avoid, interfere with, or otherwise circumvent any access control measures for the Services or Content, including password-protected and Members Only areas, or any digital rights management measures used in connection with Content
Access any portion of the Services that we have not authorized you to access (including password-protected and Members Only areas), link to password-protected and Members Only areas, attempt to access or use another user's account or information, or allow anyone else to use your account or access credentials
NOTE: If you violate this Section, we may terminate your access to the Services without notice, and take any other actions or seek any remedies permitted by law.
AGE RESTRICTION
You must be at least 18 (eighteen) years of age before you can use the Services. By using the Services, you warrant that you are at least 18 years of age and you will legally adhere to these Terms. Blue Ridge Corvette Club assumes no responsibility for liabilities related to age misrepresentation.
ACCESS TO SERVICES AND ACCOUNTS
You agree that Blue Ridge Corvette Club may, in its sole discretion and without prior notice, terminate your access to the Services and/or block your future access to the Services if we determine that you have violated these Terms or other agreements or guidelines that may be associated with your use of the Services, or for other reasons that may include but are not limited to (1) requests by law enforcement or other government agencies, (2) a request by you to remove your account, (3) discontinuance or material modification of the Services or any service offered on or through the Services, (4) change how we offer and operate the Services, or (5) unexpected technical issues or problems.
In the event this agreement is terminated, the restrictions regarding content or materials appearing on the Services, and the representations and warranties, indemnities, and limitations of liabilities set forth in these Terms will survive termination. In the event that you are unsatisfied with the Services or any services that may be provided by Blue Ridge Corvette Club, your sole remedy is to terminate this agreement and your Member Account.
You agree that Blue Ridge Corvette Club will not be liable to you or to any third party for termination of your access to the Services. Blue Ridge Corvette Club reserves all rights to terminate your Member Account, edit or remove access or content for any breach of Terms at their sole discretion.
We may take any of the following actions in our sole discretion at any time:
Restrict, suspend or terminate your access to the Services or its Content
Deactivate your account and delete all related information and files in your account
We will not be liable to you or any third party for taking any of these actions and we will not be limited to the remedies above if you violate these Terms. If we terminate your access to the Services, you must immediately stop using the Services. If we terminate your access to the Services because you breached these Terms, you will not be entitled to any refund of your Club membership dues.
INDEMNIFICATION
You agree to indemnify, defend, and hold harmless Blue Ridge Corvette Club, its affiliates, and their respective directors, officers, employees, shareholders, vendors, partners, contractors, agents, licensors or other representatives and all of their successors and assigns with respect to any and all third party claims, costs (including attorney's fees and costs), demands, damages, liabilities, and expenses or obligations of any kind, arising out of or in connection your omissions, acts or misuse of the Services (including, without limitation use of your account, whether or not authorized by you, and claims arising from your User Submissions).
LIMITATION OF LIABILITY AND DISCLAIMERS
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BLUE RIDGE CORVETTE CLUB (OR BLUE RIDGE CORVETTE CLUB’S OFFICERS, DIRECTORS, AGENTS, ASSIGNEES, REPRESENTATIVES, SUPPLIERS, PARTNERS, OR ADMINISTRATORS) SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES OR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA, PROFITS, OR OTHER INTANGIBLE LOSSES (EVEN IF BLUE RIDGE CORVETTE CLUB HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM THE USE OF OR THE INABILITY TO USE THE SERVICES, REMOVAL OR TERMINATION OF THE SERVICES, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, ERRORS OR OMISSIONS IN CONTENT ON THE SERVICES, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES, INSTRUCTION, INFORMATION OR SERVICES PROVIDED BY OR LINKED FROM THE SERVICES, OR ANY OTHER MATTER RELATING TO THE SERVICES. IN NO EVENT SHALL BLUE RIDGE CORVETTE CLUB’S AND ITS SUPPLIERS’ CUMULATIVE LIABILITY FOR ANY AND ALL CLAIMS RELATING TO THE USE OF THE SERVICES EXCEED THE TOTAL AMOUNT OF FEES, IF ANY, THAT YOU PAID TO BLUE RIDGE CORVETTE CLUB DURING THE PRIOR YEAR FOR THE SPECIFIC SERVICE AT ISSUE.
YOUR ACCESS TO AND USE OF THE SERVCIES (INCLUDING ITS CONTENT AND FUNCTIONS) IS AT YOUR RISK. IF YOU ARE DISSATISFIED WITH THE SERVICES, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING AND USING THE SERVICES.
GOVERNING LAW
These Terms and all claims as between you and us arising from or related to your use of the Services will be governed by and construed in accordance with the laws of the United States, and by the laws of the Commonwealth of Virginia without regard to its conflicts of laws provisions.
DISPUTES
With respect to any disputes or claims not subject to arbitration or small claims court, you agree to jurisdiction in the state or federal courts in Albermarle County, Virginia, and you consent to exclusive jurisdiction and venue of such courts.
Regardless of any statute or law to the contrary, you must file any claim or action related to use of the Services or these Terms within one (1) year after such claim or cause of action accrued. Otherwise, you will waive the claim or cause of action.
MISCELLANEOUS
We may be required by state or federal law to notify you of certain events. You hereby acknowledge and agree that such notices will be effective upon our posting them in the relevant Services or delivering them to you via email. You may update your email address by visiting the Services where you have provided contact information. If you do not provide us with accurate information, we will not be responsible for failure to notify you. Our failure to exercise or enforce any right or provision in these Terms will not constitute a waiver of such right or provision. These Terms, including all additional terms, conditions, and policies on the Services, constitute the entire agreement between you and us and supersede all prior agreements with respect to the subject matter hereof. Nothing in these Terms affects any non-waivable statutory rights that apply to you. If any part of these Terms is determined to be invalid or unenforceable under applicable law, that provision will be removed, and the remainder of the Terms will continue to be valid and enforceable.
You authorize us to provide information concerning you and your activities to comply with applicable laws and respond to court order, subpoenas, or other lawful requests, or if we believe doing so would protect your safety or that of another person or protect the security of the Services, or as otherwise described in the Privacy Policy, subject to your right to make certain choices about our use of your personal information as described in the Privacy Policy.
If you do not agree to these Terms, you should immediately stop using the Services. If you want to delete your account on the Services, please contact instructions on the Services at which you obtained the account. If you are a Club Member, you must notify Blue Ridge Corvette Club to delete your Member Account. Any User Submissions you made while using the Services will continue to be governed by these Terms.
These Terms will survive any termination of your access to the Services, whether we terminate your access or you voluntarily discontinue your use.