PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE TO BE SURE YOU UNDERSTAND THEM COMPLETELY. USE OF THIS SITE CONSTITUTES YOUR AGREEMENT TO BE BOUND BY AND ADHERE TO THESE TERMS OF USE.

Welcome to VIRALTRENDCAR, one of the family of informational, educational and entertainment-oriented applications and websites brought to you by Discovery Digital Ventures, LLC, an affiliate of Discovery Communications, LLC and its subsidiaries and affiliates (“Discovery”). Please read these Terms of Use; by using this website and/or application (“website” or “site”), you accept its terms.

This is a legal agreement between you (“you” or “user”) and Discovery that states the material terms and conditions that govern your use of VIRALTRENDCAR and its offerings and services, including but not limited to, e-mail newsletters published or distributed by or on behalf of VIRALTRENDCAR and any other interactive features, video or platforms associated with VIRALTRENDCAR. This agreement, together with all updates, supplements, additional terms, and all of Discovery’s rules and policies collectively constitute this “Agreement” between you and Discovery. BY ACCESSING MOTORTREND, YOU AGREE TO BE LEGALLY BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS OF USE AS STATED HEREIN, PLEASE DO NOT USE MT AND DELETE ANY ASSOCIATED APPLICATIONS FROM YOUR DEVICE.

 

1. Ownership of Content

VIRALTRENDCAR websites and applications may offer featured articles, pictures, information, digital images, games, surveys, contests and sweepstakes, advertising, logos, trademarks and other content (collectively referred to hereinafter as “Content”, but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software or other forms now known or later invented. We makes no representations or warranties that the Content is available, appropriate or legal to access and Content may be removed at our discretion. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by us or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data or images from this site does not give you title or other rights to such Content.

 

2. Restrictions on the Use of the Site

As a condition of using this site, you agree that you will not:

(a) Without our prior written consent, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;

(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;

(c) Submit, display, or transmit any User Content that exceeds our capacity limits or for which you do not own or have the necessary and appropriate rights;

(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;

(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;

(f) Use the site to threaten, defame, abuse, assault, stalk, harass or otherwise violate the rights of any other person or entity, including without limitation rights of privacy or publicity;

(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;

(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or

(i) Monitor or copy Content; or

(j) The services on the website are not intended to be used by children without involvement and approval of a parent or guardian. You must be at least 13 years old to use VIRALTRENDCAR’s services and platforms. However, you must be at least 18 years old to register on VIRALTRENDCAR’s services and platforms. By registering on VIRALTRENDCAR’s services and platforms, you warrant that you are at least 18 years old. Please do not use VIRALTRENDCAR if you are not at least 13 years old.

 

Site Security Use Restrictions

We take the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:

(i) Interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, “bot”, spider, crawler, engine, device, software, tool, routine or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity which interferes with the proper working of or access to this site or to any host or network;

(ii) Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;

(iii) Access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;

(iv) Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;

(v) Restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;

(vi) Post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users’ ability to use any VIRALTRENDCAR website; or

(vii) Link to, frame, or otherwise reproduce this site or any other VIRALTRENDCAR website without our prior written consent.

We reserve the right to investigate any violations of its system, network or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.

 

3. Copyright

Copyright to all Content on the site is either owned by us or is licensed to us. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, non-commercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages and other penalties. The use of any such material on any other website or networked computer environment is prohibited without our express written permission.

Procedures for Making Copyright Infringement Claims. Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: [email protected], or by mail at Motor Trend Group at 8403 Colesville Road, Silver Spring, MD 20910| Phone: (240) 662-0000. DMCA Notices must be in writing and must include the following information:

(a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner;

(b) A description of the copyrighted work that you claim has been infringed;

(c) The URL of the site and a description of where the material that you claim is infringing is located on that site;

(d) Your address, telephone number, and email address;

(e) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law;

(f) A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.

 

4. Trademarks and Proprietary Rights Notices

All trademarks, logos, trade names or service marks (collectively the “Marks”) mentioned, used, or displayed on this site are either owned by us or otherwise are authorized for our use. You may not display or reproduce the Marks other than with our prior written consent. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other VIRALTRENDCAR website.

 

5. User Content

Some of our sites allow users to post, submit, or display information, messages, suggestions, questions, comments, postings, advertisements, ratings, ideas, techniques, notes, know-how, drawings, concepts, designs, audio visual material, photographs and pictures (including pictures of the user and other representations of the user’s name and likeness), digital images, or other content in any form (collectively “User Content”). By posting User Content on this site or any VIRALTRENDCAR website, you hereby grant us an unrestricted, transferable and sub-licensable, irrevocable, royalty-free, world-wide, and perpetual license to reproduce, distribute, publicly display, make derivative works of, and otherwise use the User Content in any media whatsoever now known or later invented throughout the world for any purpose whatsoever, commercial or not. You hereby disclaim any right to any compensation from us in connection with our exercise of our license rights in and to the User Content you have posted on this site or any other VIRALTRENDCAR website. You acknowledge and agree that we are under no obligation of confidence to you, and shall not be liable for any use or disclosure of any User Content. By posting the User Content on any site, you represent and warrant that you own the copyright in such User Content or that you have a legitimate license to post the User Content, including photographs or other audiovisual material, without any restrictions whatsoever.

We have no obligation to monitor this site or any portion thereof. However, we reserve the right to review any User Content and remove, delete, redact, or otherwise modify such User Content, in its sole discretion, at any time and from time to time, without notice or further obligation to you. We have no obligation to display or post any User Content. We reserve the right to disclose, at any time and from time to time, any information or User Content that we deem necessary or appropriate to satisfy any applicable law, regulation, contractual obligation, legal, dispute process, or governmental request. We shall have no liability in connection with any User Content submitted to, transmitted via, or displayed or posted on this site.

 

6. Eligibility

You must meet any age, geographic or other eligibility requirements specified at each site to subscribe to a magazine, publication or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.

 

7. Online Shopping

Some VIRALTRENDCAR sites also offer e-commerce opportunities. Different sites may offer different options for visitors to purchase products or services either from us or from a third party (see Section 9 below concerning Third Party Sites). We do not guarantee that you will be satisfied with products or services purchased from us. We do not design, make, or manufacture products sold online, and only sells, distributes or ships products from its own online stores. Quantities of some items may be limited, and delivery may not be available in your area. All orders are subject to prior sale. Neither we nor our vendors guarantee that all orders will be filled.

 

8. Payments; Billing; Subscriptions

(a) Subscriptions and other services requiring payment generally require use of a valid credit card. We and our business partners reserve the right, in our sole discretion, to establish other acceptable alternative payment methods for specific services or products. You are solely responsible for charges owed for all goods and services purchased through this site, including, but not limited to, applicable taxes, shipping charges, insurance, and any other costs.

(b) You are responsible for any costs you incur to access the internet.

(c) While we may offer Content from time to time for free, we charge a fee to access certain services that require a subscription in order to offer Content that we would not otherwise be able to make available without charging a fee.

You can find the specific details regarding your subscription at any time by logging in on the applicable website and clicking on Account under your name. You agree that your subscription is for individual use only and your subscription is limited to only one simultaneous stream at a time.

Because the service is offered in multiple time zones, for consistency, a “day” for purposes of these TOU begins at 12:00 a.m. Eastern Time and ends at 11:59 p.m. Eastern Time of that same calendar day.

(d) Billing. By providing a credit card or other payment method accepted by us (“Payment Method”) for your subscription, you are expressly agreeing that we are authorized to charge you a subscription fee, any other fees for additional services you may purchase, and any applicable taxes in connection with your use of your subscription to the Payment Method. If you want to use a different Payment Method than the one you signed up to use during registration, or if there is a change in your credit card validity or expiration date, you may edit your Payment Method information by logging in on the VIRALTRENDCAR website and clicking on Account under your name. When you provide a Payment Method to access a subscription, including in connection with a free trial offer (if applicable), our system will attempt to verify the information you entered. We do this by processing an authorization hold, which is a standard practice. We do not charge you in connection with this authorization hold. If your Payment Method expires and you do not edit your Payment Method information or cancel your account, you authorize us to continue billing, and you will remain responsible for any uncollected amounts.

As used in these TOU, “billing” shall indicate either a charge or debit, as applicable, against your Payment Method. The subscription fee will be billed at the beginning of your subscription or expiration of your free trial period, if any, whichever is earlier, and on each renewal date thereafter (monthly or annually as applicable) unless and until you cancel your subscription or the account or service is otherwise suspended or discontinued pursuant to these TOU. To see the commencement date for your next renewal period, log in on the applicable VIRALTRENDCAR website and click on Account under your name.

We automatically bill your Payment Method each month or year (depending on the subscription) on the calendar day corresponding to the commencement of your subscription. As in the case with monthly subscriptions, in the event your subscription began on a day not contained in a given month, we bill your Payment Method on the last day of such month. For example, if you became a paying subscriber on January 31, your Payment Method would next be billed on February 28. If you change your Payment Method, this could result in changing the calendar day upon which you are billed. You acknowledge that the amount billed each monthly or annual period may vary due to promotional offers, changes in your subscription, and changes in applicable taxes, and you authorize us to charge your Payment Method for the corresponding amounts. If we change the subscription fee or other charges for your subscription, we will give you advance notice of these changes by email. However, we will not be able to notify you of changes in any applicable taxes.

Very rarely, if there are special circumstances where we determine it is appropriate (e.g., your subscription Service is unavailable for days due to technical difficulties), we may provide credits to affected subscribers. The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion, and the provision of credits in one instance does not entitle anyone to credits in the future under similar or different circumstances.

(e) Ongoing Subscription and Cancellation. Your subscription will continue in effect on a month-to-month or annual basis (depending on subscription selected) unless and until you cancel your subscription or the account or Service is otherwise suspended or discontinued pursuant to these TOU. You must cancel your subscription at least twenty-four hours before your monthly or annual renewal date in order to avoid the next billing period. We will bill the monthly or annual subscription fee plus any applicable taxes to the Payment Method you provide to us during registration (or to a different Payment Method if you change your account information). If you cancel your subscription, cancellation will be effective at the end of the current monthly period or annual period – this means that you will have continued access to your subscription for the remainder of that period, but you will not receive a refund. You can cancel your subscription by logging into your Account either on a VIRALTRENDCAR website or the third party website hosting your Account and subscription (as applicable, i.e. MT-VOD, iTunes, Google Play, Amazon Prime, etc.) and clicking “Cancel Subscription” or any other similarly identifiable selection to effectively cancel the subscription.

(f) Unpaid Amounts. It is important that each subscriber honor the payment obligations to which the subscriber agreed. Accordingly, we reserve the right to pursue any amounts you fail to pay in connection with your subscription. You will remain liable for all such amounts and all costs incurred in connection with the collection of these amounts, including, without limitation, bank overdraft fees, collection agency fees, reasonable attorneys’ fees, and arbitration or court costs.

(g) Price Changes. Wemay change the price of subscription-based services from time to time. Any price changes will apply to you no earlier than 30 days following notice to you. We will let you know the date on which any price change is due to come into effect. If you have purchased a VIRALTRENDCAR subscription through one of our third party partners, price changes will be subject to that third party’s terms and conditions.

If we notify you of a price change and you do not want to continue your VIRALTRENDCAR subscription at the new subscription price, you can cancel your subscription either: (i) before the start of the next subscription period by following the “cancellation” steps below; or (ii) at any time before the price change becomes effective by providing us with notice via the help center.

We will always try to make sure the price of your VIRALTRENDCAR subscription will not change until the start of your next subscription period. If a price change is going to come into effect during your current subscription period, you can cancel your subscription before the price change comes into effect and we will provide you with a refund for amounts you have paid for but not yet received.

(h) Free Trials. On occasion, we may be authorized to offer free trials to a subscription for certain qualifying users. If we offer you a free trial, the specific terms of your free trial will be stated in the material describing the particular free trial. We are unable to accommodate combining free trials with any other offers. To view the specific details regarding your free trial, if any, log in on the appropriate VIRALTRENDCAR website and click on Account under your name.

Once your free trial period ends, we will begin billing your Payment Method for the subscription fees corresponding to your subscription (plus any applicable taxes), unless you cancel prior to the end of your free trial. For that reason, unless otherwise indicated in the free trial description, you may be asked to set up a valid Payment Method when redeeming a free trial offer.

It is very important to understand that you will not receive a notice from us that your free trial has ended or that your paying subscription has begun. If you wish to avoid charges to your Payment Method, you must cancel your subscription prior to midnight Eastern Time on the last day of your free trial period. You can cancel your subscription by logging into your VIRALTRENDCAR Account and clicking “Cancel Subscription.” We will continue to bill your Payment Method for your subscription until you cancel or the account or applicable service is otherwise suspended or discontinued pursuant to these TOU. You may cancel your subscription at any time as described in the Subscription and Cancellation section of these TOU. To the extent subscriptions are offered in conjunction with purchases of, or payment for, third party products or services, you agree that we will not be liable to you for any claims arising out of or related to your purchase or use of such third party products or services.

 

9. Links and Third Party Sites

This Website may contain links to and from third-party sites, including but not limited to sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies and requirements of that site. We do not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and we have not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. We have no control over: (a) the quality, safety or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. We do not guarantee that you will be satisfied with products or services purchased from vendors, advertisers or other third parties that link to or from any VIRALTRENDCAR website. You acknowledge and agree that we have not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.

 

10. Community Code of Conduct

Some websites operated by us may offer community features, such as internal messaging systems, bulletin boards, forums, or chat rooms. We do not monitor, filter, censor, edit or regulate information and content provided by third parties on this website and other VIRALTRENDCAR websites, including information provided in community areas, although we reserve the right to do so in our sole discretion, with or without notice. We do not endorse or warrant the accuracy or reliability of User Content posted or uploaded by users or third parties. You agree that neither we nor our officers, directors, employees, agents, licensors or licensees are responsible for any User Content and agree to hold them harmless from any liability associated with such User Content posted by other users and other third parties.

When participating in community areas of this website, you represent and warrant that you have the right and authorization to use any User Content you upload or post, and you hereby assign those rights to us in accordance with these TOU. In addition to complying with the restrictions set forth in Section 2 of these TOU, you further represent and warrant that you will abide by the following rules:

(a) You will not use this website to further any illegal purpose, to violate the rights of any party, or to damage any person or property.

(b) Except as specifically authorized on certain VIRALTRENDCAR websites and in designated classified ads sections of VIRALTRENDCAR websites, you will not: (i) upload or otherwise post User Content with a commercial purpose, including, but not limited to, offers to sell products or services or attempts to solicit funds or to advertise products or services; (ii) post or upload User Content that constitutes or contains “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” unsolicited commercial advertisement, behavioral or viral marketing, or other spam; (iii) or e-mail such User Content to other users who have not indicated in writing that it is ok to contact them about other commercial services, advertisements, products or commercial interests; or (iv) post or upload User Content that includes links to commercial services or websites.

(c) You will not post or upload User Content that impersonates any person or entity, including, but not limited to, a Discovery employee (or employee of its affiliates), or falsely states or otherwise misrepresents your affiliation with a person or entity.

(d) You will not post or upload User Content that includes personal or identifying information about another person without that person’s explicit consent.

(e) You will not post or upload User Content that is false, deceptive, misleading, deceitful, misinformative, or constitutes “bait and switch.”

(f) You will not post or upload User Content that advertises any illegal service or the sale of any items the sale of which is prohibited or restricted by any applicable law.

(g) You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download data from any VIRALTRENDCAR website.

(h) You will not repeatedly post the same or similar User Content or otherwise impose an unreasonable or disproportionately large load on our infrastructure.

(i) You will not use any form of automated device or computer program that enables the submission of postings or User Content on any VIRALTRENDCAR website without each posting being manually entered by the author thereof, including without limitation, the use of any such automated posting device to submit postings in bulk, or for automatic submission of postings at regular intervals.

(j) You will not use a Posting Agent to post User Content to any VIRALTRENDCAR website.

We reserve the right to expand on these rules in any specific community area and to condition access to such areas on agreement with such rules, as well as to specified eligibility criteria. Without undertaking any obligation to do so, we reserve the right, in its sole discretion, to delete any postings which violate its code of conduct, to deny access to its website or services to any person violating these rules, and to pursue appropriate legal action against violators. We will assist law-enforcement officials investigating illegal activity or violations of these Terms of Use.

 

11. Privacy

It is our policy to respect the privacy of visitors at our site. Click here to review our Privacy Policy. The terms and conditions of our Privacy Policy are hereby incorporated into these TOU, and these TOU are incorporated into our Privacy Policy. Your use of this site is subject to both the Privacy Policy and these TOU.

 

12. Limitation of Warranties

WE PROVIDE THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS AND SERVICES ON OR THROUGH IT “AS IS”, AND “AS AVAILABLE”, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED OR STATUTORY. WE SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.

 

13. Limitation of Liability

WE DO NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER WE NOR ANY OF OUR OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.

 

IN NO EVENT SHALL WE OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT OR DELIVER THE CONTENT, MATERIAL AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER WE NOR ANY OF OUR AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF CLASSIFIED ADVERTISEMENTS POSTED ON ANY VIRALTRENDCAR WEBSITE. Some states do not allow the limitation of liability, so check local laws.

 

14. Classified Advertisements

Some of our websites provide a forum (such as classified advertisements) in which sellers and buyers may be connected. By engaging in transactions with buyers or sellers that you meet via one of our websites, you proceed solely at your own risk and you agree that we are not responsible for any losses that you might sustain as a result of your transactions with such buyers and sellers. You should not engage in any transaction with a person with whom you are not comfortable or whom you suspect might be engaged in improper or questionable conduct. Please be aware that we, through certain of our websites, merely provides a forum in which buyers and sellers can connect. Neither we nor our websites posting classified advertisements facilitate any transaction, insure any transaction, or act as an intermediary, broker, or escrow agent in connection with such buyer-seller transactions.

You should be very careful before you send money to any seller posting an advertisement on one of our sites. In particular, we urge you to use reputable and well-known money-transfer services and on-line merchant account services (such as PayPal) in engaging in transactions with sellers of goods advertised on one of our websites. We urge you to proceed with extreme caution in using such money transfer services, and under no circumstances should you deliver cash to a money transfer service with instructions to disburse the funds to an alleged agent of us or the website on which the classified advertisement was posted. Again, neither we nor our websites posting classified advertisements act as a transaction intermediary or escrow agent, and you should not do business with any seller who directs you to work with an employee or agent of us or the applicable website in completing the transaction.

 

15. Indemnity and RELEASE

We are not responsible for the accuracy, quality, safety, legality, intellectual property compliance, privacy policy, or content of any information, product or service offered by users, vendors, advertisers, promotional or business partners or any third-party sites, and you irrevocably waive any claim against us and our officers, directors, employees, representatives, agents, licensors and licensees with respect to the same. We do not guarantee such accuracy, and makes no representations regarding the use or results of use of any Content on this site in terms of its accuracy, reliability or any other matter. You assume the risk of their use and the entire cost of all necessary loss, servicing, repair or correction as a result of their use.

You agree to hold us and our officers, directors, employees, representatives, agents, licensors and licensees harmless from any and all claims, demands, attorneys’ fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor”. Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or [email protected] of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.

You also agree to indemnify, defend, and hold us and our officers, directors, employees, representatives, agents, licensors and licensees harmless from any loss, claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your use of this website, your breach of these Terms of Use or the documents that it incorporates by reference, or your violation of any law or the rights of any third party in connection with your use of this site. In the event that you have a dispute with one or more other users of VIRALTRENDCAR, you release Discovery (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

 

16. Termination of Services

We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, we reserve the right, in our sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) if we are unable to verify or authenticate any billing information you provide to us; or (iii) or if we believe that your actions may cause damage, harm or legal liability to you, or to any vendor, business or promotional partner, advertiser, other user, the public, or us. You also agree that we will not be liable to you for any modification, suspension, or discontinuance of services provided, although if you are a paid subscriber to the VIRALTRENDCAR video on-demand streaming service feature and we suspend or discontinue your subscription service, we may, in our sole discretion, provide you with a credit, refund, discount or other form of consideration (for example, we may credit additional days of service to your account) in accordance with section regarding Subscriptions and Billing herein. However, if we terminate your account or suspends or discontinues your access to services due to your violation of these TOU, then you will not be eligible for any such credit, refund, discount or other consideration.

 

17. Notices

Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to us via e-mail to [email protected] or mail at Motor Trend Group, Legal Department, 831 South Douglas Street, El Segundo, CA 90245. All notices from us to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. We reserve the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.

 

18. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHTS AND HOW CLAIMS THAT YOU AND DISCOVERY HAVE AGAINST EACH OTHER ARE RESOLVED. This Section is deemed to be a “written agreement to arbitrate” pursuant to the Federal Arbitration Act. You and Discovery agree that we intend that this Section satisfies the “writing” requirement of the Federal Arbitration Act. This Section can only be amended by mutual agreement.

We believe that arbitration is a faster, more convenient and less expensive way to resolve any disputes or disagreements that you may have with us. Therefore, pursuant to this Visitor Agreement, if you have any dispute or disagreement with us regarding (i) your use of or interaction with Discovery+, (ii) any purchases or other transactions or relationships with Discovery, or (iii) any data or information you may provide to Discovery or that Discovery may gather in connection with such use, interaction or transaction (collectively, “Discovery Transactions or Relationships”), you will not have the right to pursue a claim in court, or have a jury decide the claim and you will not have the right to bring or participate in any class action or similar proceeding in court or in arbitration. By using or interacting with VIRALTRENDCAR, or engaging in any other Discovery Transactions or Relationships with us, you agree to binding arbitration as provided below.

We will make every reasonable effort to informally resolve any complaints, disputes, or disagreements that you may have with us. If those efforts fail, by using VIRALTRENDCAR, you agree that any complaint, dispute, or disagreement you may have against Discovery, and any claim that Discovery may have against you, arising out of, relating to, or connected in any way with these Terms of Use, our Privacy Notice, or any Discovery Transactions or Relationships shall be resolved exclusively by final and binding arbitration (“Arbitration”) administered by JAMS or its successor (“JAMS”) and conducted in accordance with the JAMS Streamlined Arbitration Rules And Procedures in effect at the time the Arbitration is initiated or, if the amount in controversy exceeds $100,000.00, in accordance with the JAMS Comprehensive Arbitration Rules And Procedures then in effect (respectively, the “Applicable Rules”). The Applicable Rules can be found at www.jamsadr.com. If JAMS is no longer in existence, the Arbitration shall be administered by the American Arbitration Association or its successor (the “AAA”) instead, and conducted in accordance with the AAA Commercial Arbitration Rules in effect at that time (which shall be the “Applicable Rules” in such circumstances). If JAMS (or, if applicable, AAA) at the time the arbitration is filed has Minimum Standards of Procedural Fairness for Consumer Arbitrations in effect which would be applicable to the matter in dispute, Discovery agrees to provide the benefit of such Minimum Standards to you to the extent they are more favorable than the comparable arbitration provisions set forth in this Section, provided, however, that in no event may such Minimum Standards contravene or restrict the application of the Sections below entitled “No Class Relief” and “Interpretation and Enforcement of Arbitration Clause.”. Furthermore, this Section shall not prevent any party from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

You further agree that:

Arbitrator Will Interpret This Agreement. The Arbitrator, and not any federal, state or local court or agency, shall have the exclusive authority to resolve any dispute arising under or relating to the validity, interpretation, applicability, enforceability or formation of these Terms of Use and/or these arbitration provisions in this Section hereof, including but not limited to any claim that all or any part of these Terms of Use is void or voidable;

Location of Arbitration. The Arbitration shall be held either: (i) at a location determined by JAMS (or, if applicable, AAA) pursuant to the Applicable Rules (provided that such location is reasonably convenient for you and does not require travel in excess of 100 miles from your home or place of business); or (ii) at such other location as may be mutually agreed upon by you and Discovery; or (iii) at your election, if the only claims in the arbitration are asserted by you and are for less than $10,000.00 in aggregate, by telephone or by written submission;

Governing Law. The Arbitrator (i) shall apply internal laws of the State of New York consistent with the Federal Arbitration Act and applicable statutes of limitations, or, to the extent (if any) that federal law prevails, shall apply the law of the U.S., irrespective of any conflict of law principles; (ii) shall entertain any motion to dismiss, motion to strike, motion for judgment on the pleadings, motion for complete or partial summary judgment, motion for summary adjudication, or any other dispositive motion consistent with New York or federal rules of procedure, as applicable; (iii) shall honor claims of privilege recognized at law; and (iv) shall have authority to award any form of legal or equitable relief;

No Class Relief. The Arbitration can resolve only your and/or Discovery’s individual claims, and the Arbitrator shall have no authority to entertain or arbitrate any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated;

Written Award. The Arbitrator shall issue a written award supported by a statement of decision setting forth the Arbitrator’s complete determination of the dispute and the factual findings and legal conclusions relevant to it (an “Award”). Judgment upon the Award may be entered by any court having jurisdiction thereof or having jurisdiction over the relevant party or its assets;

Arbitration Costs. In the event that you are able to demonstrate that the costs of Arbitration will be prohibitive as compared to the costs of litigation, Discovery will pay as much of your filing and hearing fees in connection with the Arbitration as the Arbitrator deems necessary to prevent the arbitration from being cost-prohibitive, regardless of the outcome of the Arbitration, unless the Arbitrator determines that your claim(s) were frivolous or asserted in bad faith;

Reasonable Attorney’s Fees. In the event you recover an Award greater than Discovery’s last written settlement offer, the Arbitrator shall also have the right to include in the Award Discovery’s reimbursement of your reasonable and actual out-of-pocket attorneys’ fees associated with the Arbitration, but Discovery shall in all events bear its own attorneys’ fees;

Interpretation and Enforcement of Arbitration Clause. With the exception of “No Class Relief” above, if any part of this arbitration provision is deemed to be invalid, unenforceable or illegal, or otherwise conflicts with the Applicable Rules, then the balance of this arbitration provision shall remain in effect and shall be construed in accordance with its terms as if the invalid, unenforceable, illegal or conflicting provision were not contained herein. If, however, “No Class Relief” is found to be invalid, unenforceable or illegal, then the entirety of this arbitration provision shall be null and void, and neither you nor Discovery shall be entitled to arbitrate their dispute, and must instead bring any claims in a court of competent jurisdiction;

Modification of Arbitration Clause With Notice. Discovery may modify these arbitration provisions, but such modifications shall only become effective thirty (30) days after Discovery has given notice of such modifications and only on a prospective basis for claims arising from Discovery Transactions and Relationships occurring after the effective date of such notification; and

Small Claims Matters are Excluded. No Class Relief or Joinder of Claims. Notwithstanding the foregoing arbitration provisions, at your option, you may bring any claim you have against Discovery in your local small claims court within the U.S., if your claim is within such court’s jurisdictional limit; provided that such court does not have the authority to entertain any claims on a class or representative basis, or to consolidate or join the claims of other persons or parties who may be similarly situated in such proceeding.

19. Modifications to these Terms of Use

We reserve the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other VIRALTRENDCAR website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.

20. General Provisions

(a) Choice of Law. These Terms of Use has been made in and shall be construed in accordance with the laws of the State of Maryland, without giving effect to any conflict of law principles. The parties acknowledge that these Terms of Use evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of these TOU shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

(b) Choice of Forum. By using VIRALTRENDCAR, you agree that the exclusive jurisdiction for any dispute not subject to the arbitration provision discussed above shall be the state and federal courts located in Maryland.

(c) Severability. In the event that any portion of these TOU is found to be invalid or unenforceable for any reason, such invalidity or unenforceability shall not affect the enforceability or validity of any other portion of these TOU, which shall remain in full force and effect and be construed as if the invalid or unenforceable portion were not part of these TOU.

(d) Software Downloads. In order to participate in certain Services or access certain Content, you may be notified that it is necessary to download software or other materials or agree to additional terms and conditions. Unless otherwise provided by these additional terms and conditions, they are hereby incorporated into these TOU.

(e) International Use. We are a company based in the United States. Our goal is to bring you as much Content as is legally available. That said, we are limited by the rights that our content licensors grant to us. Using technologies to access the Content from territories where we do not have rights or does not offer services is prohibited. Your subscription may not be always accessible through devices from outside the United States.

(f) No Waiver. No waiver by us of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.

(g) Entire Agreement. These Terms of Use and the materials incorporated by reference herein, including the Privacy Policy, form the entire understanding and agreement between us with respect to your use of this site and the services offered hereunder, and may be modified only in accordance with the procedures specified herein.

(h) No Agency. You acknowledge and agree that we, in providing this site, are not acting for or on behalf of either you, or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between us and either you or any vendor, business or promotional partner or advertiser at this site.