PRESTIGE BMW COPYRIGHT
Copyright © 2006 Prestige BMW. All rights reserved. Any visitor to Prestige BMW Web pages
may download, copy or transmit, any portion of the material in the web pages of
Prestige BMW, for informational and noncommercial personal purposes only. Each copy
of these materials must retain all copyright and other propriety notices contained
therein. The Prestige BMW name and logo are registered trademarks. These trademarks
may not be modified, and they may not be used, downloaded, copied or distributed
in any way except as an integral part of an authorized download, copy or transmission
of material in these Web pages. No other use, copying or transmission of the trademarks
or copyrighted material may be made without the express prior written consent of
Prestige BMW.
The information in the Web pages is intended for Prestige BMW visitors, and is provided
"AS IS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES OF MERCHANT ABILITY, FITNESS FOR PARTICULAR PURPOSE OR
NON-INFRINGEMENT OF THIRD PARTY RIGHTS. In no event shall Prestige BMW be liable
to any person for any special, indirect or consequential damages relating to this
material.
Prestige BMW appreciates and welcomes your ideas and suggestions. Any material received
by Prestige BMW, shall be considered non-confidential, and shall have no obligation
of any kind with respect thereto. Prestige BMW shall be free to modify, re-produce,
disclose and distribute any or all of the material to others without limitation,
and use it for any purpose whatsoever.
Prestige BMW reserves the right to make changes at any time, without notice, and
is not responsible for typographical errors.
Further information can be obtained from by emailing Prestige BMW at sales@prestigebmw.com.
PRESTIGE BMW WEBSITE TERMS OF USE
PLEASE CAREFULLY REVIEW THESE TERMS OF USE BEFORE USING THIS SITE.
INTRODUCTION AND USER AGREEMENT
This Terms of Use Agreement (the "Agreement") sets forth the terms and conditions
for your use of this web site (the "Site"). The Site is owned and operated by Prestige
BMW ("Prestige BMW" or "We"). By using the Site, you agree to be bound by this Agreement.
If you do not agree to be legally bound by this Agreement, you should exit this
Site immediately.
We reserve the right to amend this Agreement at any time and will notify you of
any such changes by posting the revised Agreement on the Site. You should check
this Agreement periodically for changes. All changes shall be effective upon posting.
Your continued use of the Site after any changed to this Agreement constitutes your
agreement to be bound by any such changes. This Agreement was last updated on July,
2004. Prestige BMW may terminate, suspend, change, or restrict access to all or
any part of this Site without notice or liability.
RESTRICTIONS ON THE USE OF SITE CONTENT
This Site contains text, data, , photos, images and pproduct and other information
(collectively, "Content") that is proprietary to Prestige BMW or its Content providers.
You acknowledge that this Content is protected by copyrights, trademarks, trade
secrets, patents, or other proprietary rights, and that these rights are valid and
protected in all forms, media, and technologies existing now and hereinafter developed.
You also acknowledge that the Content is and shall remain the property of Prestige
BMW or its Content providers (each a "Contributor") who have been involved in the
preparation or publication of the Content. You may not modify, transmit, participate
in the sale or transfer of, or create derivative works based on any Content, in
whole or in part. Subject to your full compliance with this Agreement, You may print
copies of the Content, provided that these copies are made only for personal, non-commercial
use and that you maintain any notices contained in the Content, or maintained by
the Contributor, such as all copyright notices, trademark legends, or other proprietary
rights notices. You shall not store electronically any significant portion of any
Content. Prestige BMW authorizes you to view and use the Content on this Site solely
for your personal, noncommercial use. The use of the Content on any other Site,
including by linking or framing, or in any networked computer environment for any
purpose is prohibited without Prestige BMW's prior written approval.
TRADEMARKS
Prestige BMW (including the Prestige BMW logo), are trademarks or service marks
of Prestige BMW. Other company, product, and service names and logos used and displayed
on this Site may be trademarks or service marks owned by Prestige BMW or others.
Nothing on this Site should be construed as granting, by implication, or otherwise,
any license or right to use any of the Prestige BMW Trademarks displayed on this
Site. We prohibit use of any of the Prestige BMW Trademark as part of a link to
or from any site unless establishment of such a link is approved in advance by us
in writing.
COPYRIGHT COMPLAINTS
If you believe, in good faith, that any materials on the Site infringe your copyrights,
notifications of claimed copyright infringement should be sent, in accordance with
Title 17, United States Code, Section 512(c)(2) (under the "Digital Millennium Copyright
Act") to Prestige BMW's designated agent. Notification should include all of the
following:
An electronic or physical signature of the person authorized to act on behalf of
the owner of the copyright interest; a description of the copyrighted work that
you claim has been infringed; a description of where the material you claim is infringing
is located on the Site; a statement by you that you have a good faith belief that
the disputed use is not authorized by the copyright owner, its agent or the law;
and a statement by you, made under penalty of perjury, that the above information
in your notice is accurate and that you are the copyright owner or duly authorized
to act on the copyright owner's behalf.
DISCLAIMER OF WARRANTIES
NONE OF Prestige BMW, ANY OF ITS AFFILIATES, PROVIDERS OR THEIR RESPECTIVE OFFICERS,
DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AGENTS OR INDEPENDENT CONTRACTORS (COLLECTIVELY
THE "Prestige BMW PARTIES") GUARANTEES THE ACCURACY, COMPLETENESS, OR USEFULNESS
OF ANY OF THE CONTENT. THIS SITE AND ALL OF THE CONTENT IS PROVIDED "AS IS" AND
"AS AVAILABLE", WITHOUT ANY WARRANTY, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT
OR TITLE. ADDITIONALLY, THERE ARE NO WARRANTIES AS TO THE RESULTS OF YOUR USE OF
THE CONTENT. THE Prestige BMW PARTIES DO NOT WARRANT THAT THE SITE IS FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES WILL THE Prestige BMW PARTIES BE LIABLE FOR ANY GENERAL,
SPECIAL, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL PUNITIVE OR ANY OTHER DAMAGES
(INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR BUSINESS INTERRUPTION) OF ANY KIND
WHETHER IN AN ACTION ARISING OUT OF OR RELATING IN ANY WAY TO YOUR USE, OR INABILITY
TO USE, THE CONTENT, THE SITE OR ANY THIRD PARTY SITE TO WHICH THIS SITE IS LINKED.
Prestige BMW IS NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
USER. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE IS TO STOP USING THE SITE.
IF THE FOREGOING LIMITATION IS FOUND TO BE INVALID, YOU AGREE THAT THE Prestige
BMW PARTIES' TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY
KIND OR NATURE SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
INDEMNIFICATION
You agree to indemnify and hold harmless the Prestige BMW Parties from and against
any and all claims, losses, expenses, or demands or liabilities, including attorneys'
fees and costs, incurred by the Prestige BMW Parties in connection with any claim
by a third party (including any intellectual property claim) arising out of (i)
your use of the Site in violation of this Agreement or in violation of any applicable
law. You further agree that you will cooperate as reasonably required in the defense
of any such claims. The Prestige BMW Parties reserve the right, at their own expense,
to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, and you shall not in any event settle any such claim or matter without the
written consent of Prestige BMW.
LINKS TO THIRD PARTY SITES
This Site may contain links to web sites controlled, owned, and operated by third
parties (the "Third Party Sites"). Prestige BMW cannot control and has no responsibility
for the accuracy or availability of information provided on the Third Party Sites.
You acknowledge that use of any Third Party Sites is governed by the terms of use
for those websites, and not by this Agreement. Links to Third Party Sites do not
constitute an endorsement by Prestige BMW of such sites or the content, products,
advertising or other materials presented on such sites, but are for your convenience
and you access them at your own risk. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF
ANY THIRD PARTY WEB SITES, NOR DO WE MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS
OR IMPLIED, REGARDING THE CONTENT (OR THE ACCURACY OF SUCH CONTENT) ON ANY THIRD
PARTY WEB SITES, AND Prestige BMW SHALL HAVE NO LIABILITY OF ANY NATURE WHATSOEVER
IN RELATION TO ANY OF THE FOREGOING.
DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of,
advertisers or other third parties found on or through the Site, including payment
and delivery of related goods or services, and any other terms, conditions, warranties
or representations associated with such dealings are solely between you and such
advertiser. You agree that we are not responsible nor shall we be liable for any
loss or damage of any sort incurred as a result of any such dealings or as the result
of the presence of such advertiser on the Site.
USE OF PERSONALLY IDENTIFIABLE INFORMATION
Prestige BMW's practices and policies with respect to the collection and use of
personally identifiable information is governed according to Prestige BMW's Privacy
Policy.
USER CONDUCT
You agree to use the Content and Site only for lawful purposes. You are prohibited
from any use of the Content or Site that would constitute an illegal offense, give
rise to liability or otherwise violate any applicable local, state, national or
international law or regulation.
USER MUST COMPLY WITH APPLICABLE LAWS
This Site is based in New Jersey, United States. Prestige BMW makes no claims concerning
whether the Content may be downloaded or are appropriate for use outside of the
United States. If you access this Site from outside of the United States, you are
solely responsible for ensuring compliance with the laws of your specific jurisdiction.
COMPLIANCE WITH EXPORT LAWS
The United States controls the export of products and information. You expressly
agree to comply with such restrictions and not to export or re-export any of the
Content to countries or persons prohibited under the export control laws. By downloading
the Content, you are expressly agreeing that you are not in a country where such
export is prohibited or are a person or entity for which such export is prohibited.
You are solely responsible for compliance with the laws of your specific jurisdiction
regarding the import, export, or re-export of the Content.
GENERAL PROVISIONS
Failure by Prestige BMW to enforce any provision(s) of this Agreement shall not
be as a waiver thereof. This Agreement and all other aspects of your use of the
Site shall be governed by and construed in accordance with the laws of the State
of New Jersey, without regard to its conflict of laws rules. All claims and disputes
arising out of this Agreement or your use of the Site, other than actions for specific
performance or injunctive relief brought by Prestige BMW, shall be exclusively brought
in the federal, state, or local courts located in New Jersey, and, with regard to
such claims and disputes, you hereby irrevocably (i) submit to the exercise of personal
jurisdiction over you by those courts and (ii) waive any jurisdictional, venue,
or inconvenient forum objections to such courts. Any cause of action you may have
with respect to the Content, Site or this Agreement must be commenced within one
(1) year after the claim or cause of action arose, or be barred. If any provision
of this Agreement is found to be invalid or unenforceable, the remaining provisions
shall be enforced to the fullest extent possible, and the remaining provisions of
the Agreement shall remain in full force and effect. You many not assign this Agreement,
by operation of law or otherwise, without Prestige BMW's prior written consent.
Subject to that restriction, this Agreement will be binding on, inure to the benefit
of, and be enforceable against the parties and their respective successors and assigns.
Neither the course of conduct between parties nor trade practice shall act to modify
any provision of the Agreement. All rights not expressly granted herein are hereby
reserved.
CONTACT US
If you have questions regarding the Agreement or the practices of Prestige BMW,
please contact us by e-mail at sales@prestigebmw.com or by regular mail at Prestige
BMW, 985 Route 17 South, Ramsey, New Jersey 07446.
PRIVACY POLICIES
The Prestige Privacy Policy can be viewed
here.
The BMW USA Privacy Policy can be viewed
here.