LEGAL NOTICES

Your use of the CADA web site and information herein means that you agree with the following terms of use. Please read these terms and, unless you agree with them, please do not use the web site.

INFORMATION YOU RECEIVE FROM CADA

The web site is owned by Colorado Automobile Dealers Association (CADA).  CADA owns (or licenses) all the wallpaper, characters, artwork, icons, graphics, music, text, and other content on these sites. ("Content"), and all HTML, CGI, and other code and scripts in any format used to implement these sites ("Code"). You may not copy, modify, upload, download, transmit, (re)publish, or otherwise distribute any Code or Content from these sites except as expressly permitted by these rules and the instructions for each section of any site. You may not modify or use the Content or Code you receive from these sites for any purpose other than those permitted, and doing so will violate CADA’s copyright and other proprietary rights.

CADA performance of this agreement is subject to existing laws and legal process and nothing contained in this agreement is in derogation of CADA’s right to comply with law enforcement requests or requirements relating to the user’s use of these sites or information provided to or gathered by CADA 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disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

This agreement constitutes the entire agreement between the user and CADA with respect to these sites and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CADA with respect to these sites. A printed version of this agreement and of any notice given in electronic form will 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 conjunction with CADA.

If any portion of these sites permits you to download Content, the above restrictions generally apply. You may, however, download one copy of the Content on any single computer for your personal, non-commercial use only, In doing so, you must not remove or modify any of the copyright, trademark, and other proprietary notices. We retain all rights to any Content you download, and grant you a limited license to use them only as described above.

Some portions of our sites may provide you with access to other sites, either by means of a direct link or through a software script (collectively, "Click-Thru Access"). If we give you access to Content (including, but not limited to, membership or enrollment or other information/services), whether at our site or by Click-thru access, your rights to such Content are limited to whatever rights are provided to you by the owner of the Content, the owner or operator of the site accessed through Click-Thru Access, and the rights you have as an CADA member. You agree that you will not use any portion of our site in violation of any agreements or membership rules of such programs or other sites.

INFORMATION YOU SEND TO US

We always enjoy hearing from people who use our website, and we welcome any feedback. Nevertheless, to avoid any disputes we must ask you not to send us anything unless you agree that we will own what you send. Specifically, all suggestions, ideas, concepts, messages, emails, samples, and all other Content or submissions (collectively "Submissions") shall be deemed, and shall remain, the property of CADA and you hereby assign all rights in the Submissions to CADA. If for any reason any rights in any Submissions are not assigned, you hereby grant CADA a perpetual, irrevocable, fully paid license to use the Submissions for any purpose whatsoever. You also hereby give your consent for CADA to use your name in connection with your Submissions, or for promotional purposes.

USE OF BULLETIN BOARD, CHAT ROOMS, AND OTHER COMMUNICATIONS FORUMS

To the extent these sites contain bulletin boards, chat rooms, or other message or communication facilities ("forums"), the user agrees to use such forums only to send and receive messages and material that are proper and related to the particular forum. By way of example, and not as a limitation, the user agrees that when using a forum, the user shall not:

• Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
• Publish, post, distribute or disseminate any defamatory, infringing,obscene, indecent, offensive or unlawful material or information.
• Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless the user owns or controls the rights thereto or has received all necessary consents.
• Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another person's computer.
• Delete any author attributions, legal notices or proprietary designations or labels in any file that is uploaded.
• Falsify the origin or source of software or other material contained in a file that is uploaded.
• Advertise or offer to sell any goods or services, or engage in surveys, contests, chain letters or for any commercial purpose
• Download any file that the user knows, or reasonably should know, cannot be legally distributed via these sites.

COPYRIGHT AND TRADEMARK NOTICES:

Unless otherwise specified, the following notice applies to all contents of this site: Copyright © 2001 Colorado Automobile Dealers Association, 290 East Speer Boulevard, Denver, CO  80203.  U.S.A. All rights reserved.

SITE USE AND RULES

These sites are for the personal, non-commercial use of users. Users 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 these sites

All products referenced herein are trademarks or registered trademarks of CADA. Other product and company names mentioned herein may be the trademarks of their respective owners.

Users agree to (as available) send and receive electronic mail, engage in conferences and chats, download and upload files, and otherwise use this site only as permitted by these terms and conditions, any additional policies or procedures published in this Web site from time to time by CADA, and applicable law.

CADA reserves the right for any reason and in its sole discretion to remove without notice any contents of these sites received from users, including without limitation bulletin board postings. CADA reserves the right to deny in its sole discretion any user access to these sites or any portion thereof without notice.

The user acknowledges that chats, conferences, bulletin boards and any other such communications forums hosted by these sites are public and not private communications. Further, the user acknowledges that chats, postings, conferences, and other communications by other users are not endorsed by CADA, and such communications shall not be considered reviewed, screened, or approved by CADA.

The name, address and payment information (if applicable) that the user provides via these sites, together with information regarding the manner in which the user uses these sites will not be processed or disclosed by CADA except as permitted by these terms and conditions. By being a user of these sites, the user agrees that CADA may share with other parties both aggregate information, individual information, and locator information gathered by CADA in the course of the user’s continuing individual use of these sites. "Aggregate information" is information that describes the habits, usage patterns and/or demographics of users as a group but does not describe or reveal the identity of any particular user. "Individual information" is information about a user that is presented in a form distinguishable from information relating to other users but not in a form that personally identifies any user or enables the recipient to communicate directly with any user. "Locator information" consists of a user’s name, email address, physical address and/or other data about the user that enables the recipient to personally identify the user. Any user who does not wish to receive any special offers or communications from CADA on behalf of suppliers, or directly from CADA or its affiliates, may so notify CADA at the contact listed below under SERVICE CONTACT. (Note that a user’s election not to receive such information will not affect the user’s receipt of offers and communications that were processed prior to the user’s election.) Locator information and individual information will be processed and stored by CADA in the United States. Users may contact CADA to determine whether such information has been accurately recorded and, if not, to request correction of any inaccuracies in the information recorded by CADA.

INDEMNITY

As a condition of use of these sites, you, the end user, agree to indemnify CADA, and its directors, officers, employees, agents and suppliers from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of claims resulting from your use of these sites, including without limitation any claims alleging facts that if true would constitute a breach by you of these terms and conditions.

SERVICE CONTACT

Contact CADA at info@cadaonline.org  or by calling (303) 831-1722 if you have questions or problems with this site.

MODIFICATION OF THESE TERMS AND CONDITIONS

CADA reserves the right to change this agreement at any time by revising the terms and conditions herein. Users are responsible for regularly reviewing these terms and conditions. Continued use of these sites following any such changes shall constitute the user’s acceptance of such changes.

GENERAL

This agreement is governed by the laws of the State of Colorado, U.S.A. User consents to the exclusive jurisdiction and venue of courts in the State of Colorado, U.S.A. in all disputes arising out of or relating to the use of these sites. Use of this site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph.

User acknowledges that no joint venture, partnership, employment, or agency relationship exists between the user and CADA as a result of this agreement or use of these sites. User agrees not to hold himself or herself out as a representative, agent, or employee of CADA in printed or any other form.

Any rights not expressly granted herein are reserved.

DISCLAIMERS

THE CONTENT, CODE, ACCESS, AND OTHER FEATURES OF THESE SITES ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF ACCURACY, RELIABILITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND/OR NON-INFRINGEMENT. CADA DOES NOT WARRANT THAT ANY SUCH FEATURES WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE FASHION, THAT DEFECTS WILL BE CORRECTED, OR THAT THESE SITES OR THE SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT SHALL CADA BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION LOST PROFITS AND COST OF PROCUREMENT OF SUBSTITUTE PRODUCTS, ARISING OUT OF YOUR USE OR INABILITY TO USE ANY CONTENT OR FEATURES, OR YOUR FAILURE TO ACCESS OR CLICK-THRU ACCESS ANY CONTENT OR FEATURES, EVEN IF CADA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

CADA SHALL HAVE NO LIABILITY FOR ANY CLAIMS BROUGHT BY THE OWNERS OF CONTENT OR SITES ACCESSED THROUGH CLICK-THRU ACCESS BASED ON YOUR INAPPROPRIATE OR UNPERMITTED ACCESS OF SUCH CONTENT OR SITES. YOU HEREBY AGREE TO INDEMNIFY CADA FOR SUCH CLAIMS IF BROUGHT AGAINST CADA IF YOU USED THIS SITE FOR SUCH INAPPROPRIATE OR UNPERMITTED ACCESS.

This agreement shall be governed by and construed in accordance with the laws of the State of Colorado without giving effect to any principles of conflicts of law. Those who choose to access these sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Content from these sites is further subject to United States export controls. No Content from these sites may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria or any other country to which the U.S. has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. By downloading or using Content or features of these sites, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country on any such list. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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