Terms of Use

Audi Club North America Website Terms of Use

Please read these Terms of Use carefully before you start to use the Website or the Services. By using the Website and/or the Services, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, which are incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website or the Services.

This website is provided and operated by Audi Club North America and/or its affiliates (“ACNA”, “we”, “us” or “our”).The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use“), govern your access to and use of this website, including any content, information and functionality offered on or through audiclubna.org [NTD: ACNA, acna.co, audicarclubna.org, audiclubarizona.org, audiclubaz.org, audiclubbadger.org, audiclubcarolinas.org, audiclubchicagoland.org, audiclubdeepsouth.org, audiclubeasterncanada.org, audiclubeasternpa.org, audiclubflorida.org, audiclubgeorgia.org, audiclubgoldengate.org, audiclubindiana.org, audiclubkansascity.org, audiclubkentucky.org, audiclublonestar.org, audiclubmichigan.org, audiclubmidatlantic.org, audiclubna.co, audiclubnewjersey.org, audiclubnorthatlantic.org, audiclubnortheast.org, audiclubofamerica.org, audiclubohiovalley.org, audicluboklahoma.org, audiclubpcc.org, audiclubpotomac-chesapeake.org, audiclubrmc.org, audiclubrockymountain.org, audiclubsec.org, audiclubsierra.org, audiclubsocal.org, audiclubsoutheast.org, audiclubstlouis.org, audiclubusa.co, audiclubusa.info, audiclubusa.org, audiclubutah.org, audiclubwesterncanada.org, audiclubwesternpa.org, audiclubwisconsin.org, e-tronconnect.com, kansascityaudiclub.org, quattroclubusa.org] (the “Website“), as well as any services, applications or other features (including the Interactive Services described below) offered or provided through or in connection with the Website (the “Services“).

By using this Website or the Services, you represent and warrant that you are at least 18 years of age. If you are not at least 18 years of age, you must not access or use the Website or the Services. If you are under the age of 18, you represent and warrant that you are an emancipated minor or have obtained the legal consent of your parent or legal guardian to enter into these Terms and Conditions, post or submit content to, or create content through, the Website, use the Services and fulfill the obligations set forth in these Terms of Use.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. Your continued use of the Website or the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any Services or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website or the Services is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website or Services, or the entire Website, to users for any reason in our sole discretion.

To access the Website, the Services or some of the resources it offers, you may be asked to provide certain details or other information. It is a condition of your use of the Website and/or the Services that all the information you provide on the Website or in connection with the Services is correct, current and complete. You agree that all information you provide to this Website or otherwise, including but not limited to through the use of the Services or any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, applications, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by ACNA, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website or the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material available on or through our Website or the Services, except as follows:

• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.
• If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide web-based applications, social media features or other features with certain content, you may take such actions as are enabled by such applications or features.

You must not access or use for any commercial purposes any part of the Website or any Services or materials available or created through the Website or the Services.

If you print, copy, modify, download or otherwise use any part of the Website or the Services in breach of the Terms of Use, your right to use the Website and/or the Services will cease immediately and you must, at our request, return or destroy any copies of the materials you have made or created. No right, title or interest in or to the Website, any content on the Website, and/or content created by your use of the Services is transferred to you, and all rights not expressly granted herein are reserved by ACNA. Any use of the Website or the Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Prohibited Uses

You may use the Website and the Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website or the Services:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries).
• For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate ACNA, an ACNA employee, another user or any other person or entity (including, without limitation, by using e-mail addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website or the Services, or which, as determined by us, may harm ACNA or users of the Website or the Services or expose them to liability.

Additionally, you agree not to:

• Use the Website or the Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website or the Services, including their ability to engage in real time activities through the Website or the Services.
• Use any robot, spider or other automatic device, process or means to access the Website or the Services for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material available on or through the Website or the Services or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website or the Services.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to gain unauthorized access to, reverse engineer, interfere with, damage or disrupt any parts of the Website or the Services, the server on which the Website or the Services are stored, or any server, computer or database connected to the Website or the Services.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website or the Services.

User Contributions

The Website may contain software, applications, message boards and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display create or generate (whether through inputs posted by the user or otherwise), share (whether through social media sites or otherwise), transmit or e-mail to ACNA, other users, or other persons (collectively, “post“) content, images or other materials (collectively, “User Contributions“) on or through the Website and the Interactive Services.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to or create through the Website or the Services will be considered non-confidential and non-proprietary. By providing, posting, and/or creating any User Contribution on or through the Website, the Services, or the Interactive Services, you grant us and our affiliates, customers, vendors, and other service providers and each of their and our respective, licensees, successors and assigns a fully transferable, perpetual, irrevocable, and royalty-free worldwide license to reproduce, distribute, modify, publicly display, publicly perform, publish, and otherwise use the User Contribution(s) in any and all media and formats, whether now known or hereafter developed, for any purpose, including without limitation: (a) any purpose relating to the Website and/or the Services; and (b) the marketing, advertising, and promotion of ACNA.  Said uses may include, but are not limited to, posting the submission on any websites, social media accounts, transmitting the User Contribution(s) to consumers via e-mail and operating the User Contribution(s) on computers and mobile devices.  To the maximum extent permitted by law, you waive and agree not to assert any and all copyright rights, moral rights or rights of attribution and integrity in your User Contributions, if any, against ACNA.

You represent, warrant and covenant that:

• You own or control all rights in and to the User Contributions, and all components thereof, and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
• The content of your User Contributions is accurate, or is not aimed to deceive or defraud any other person.
• Your User Contribution will not cause injury to any person, entity, or ACNA and does not infringe the intellectual property rights of any third party.
• You will indemnify ACNA for all claims resulting directly or indirectly related to User Contributions you post or create.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted or created by you or any other user of the Website, the Services, or the Interactive Services.

Monitoring and Enforcement; Termination

We have the right to:

• Remove from the Website, Services, Interactive Services, or any other website, or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards set forth herein, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website, the Services, or the Interactive Services, or the public or could create liability for ACNA.
• Disclose your identity or other information about you to any third party who claims that material posted or created by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website or the Services.
• Terminate or suspend your access to all or part of the Website or the Services for any or no reason, including without limitation, any violation of these Terms of Use and/or the repeat infringement of copyright or other intellectual property rights.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website or the Services. YOU WAIVE AND HOLD HARMLESS ACNA AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

Content Standards

These content standards apply to any and all User Contributions, and use of the Services, including without limitation the Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:

• Contain any material which is libelous, defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable (as determined by ACNA in its sole discretion).
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any person, entity, or other third-party.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that would violate any law or could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote or assist any unlawful act.
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

CLAIMS OF INTELLECTUAL PROPERTY INFRINGEMENT AND AGENT 

ACNA respects the intellectual property rights of others and prohibits Users from submitting or otherwise transmitting any materials using Website, the Services, or the Interactive Services that violate another party’s intellectual property rights. When ACNA receives proper notification of an alleged copyright infringement, ACNA will promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers in accordance with the Digital Millennium Copyright Act. If you believe your copyright or other intellectual property rights have been infringed by content found on the Website, we ask that you please provide to ACNA’s Agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. § 512:

• A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

• Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

• Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;

• Information reasonably sufficient to permit us to contact the complaining party;

• A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

• A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Send such notice as directed above to:

Christopher May
Audi Club North America
600 Park Offices Drive
Suite 300 #85
Durham,  NC  27709
Phone: 262-567-5476
Email: [email protected]

Reliance on Information Posted

The information presented and/or posted on or through the Website and/or the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER VISITOR TO THE WEBSITE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.

This Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by ACNA, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of ACNA. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Information About You and Your Visits to the Website

All information we collect on or through this Website or the Services is subject to our Privacy Policy. By using the Website and/or the Services, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Links from the Website

If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites. We do not endorse any content available on any third-party website.

Geographic Restrictions

We provide this Website and the Services for use only by persons located in the United States and Canada. We make no claims that the Website, the Services or any of its content is accessible or appropriate outside of the United States or Canada. Access to the Website or the Services may not be legal by certain persons or in certain countries. If you access the Website or use the Services from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER ACNA NOR ANY PERSON ASSOCIATED WITH ACNA MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE OR THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER ACNA NOR ANYONE ASSOCIATED WITH ACNA REPRESENTS OR WARRANTS THAT THE WEBSITE, ANY CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR THE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

ACNA HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

IN NO EVENT WILL ACNA, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, THE SERVICES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES (INCLUDING USER CONTRIBUTIONS) OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE, SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify and hold harmless ACNA, its affiliates, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website or the Services, including, but not limited to, your User Contributions, any use of the Website’s content or Services other than as expressly authorized in these Terms of Use or your use of any information or materials obtained from, posted on or created through the Website or the Services.

Governing Law and Jurisdiction

All matters relating to the Website, the Services and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of Delaware without giving effect to any choice or conflict of law provision or rule.

Waiver and Severability

No waiver by ACNA of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of ACNA to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use together with any documents incorporated therein constitute the sole and entire agreement between you and ACNA with respect to the Website and Services and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website and Services.

Your Comments and Concerns

This website is operated by ACNA. Any feedback, comments, requests for technical support or other communications relating to the Website should be directed to:

Audi Club North America
600 Park Offices Drive STE 300 #85

Durham, NC 27709

Attention: Web Administrator

[email protected]

 

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