Terms of Use

Introduction and Agreement

This website, including the mobile and online applications, (the "Site") is owned and operated by ProMotiveCar.com, ("ProMotiveCar.com"). These Terms of Use apply to the national version of the Site, located at www.ProMotiveCar.com, as well as to any publicly available versions of the Site that ProMotiveCar.com operates, including versions or pages that ProMotiveCar.com co-brands with its other distribution partners (collectively, "Affiliates"). Any individual who uses any version of the Site is a ‘User’ for purposes of these Terms of Use. You may have arrived at a version of the Site from an Affiliate's website, in which case, that Affiliate will be identified at the top of this page. By using the Site, you hereby agree that you are at least eighteen (18) years of age and agree that you are subject to these Terms of Use and the ProMotiveCar.com Privacy Statement.

Third-Party Sites

During the course of your visit to the Site, you may be taken to third-party websites to fulfill certain site features and functionality. You agree that when visiting third-party websites (e.g., websites not containing www.ProMotiveCar.com in the URL) you are subject to the privacy policy and terms of service, if any, of that third-party website, which may differ from those of ProMotiveCar.com. By selecting links to such third-party websites, you agree that you will be leaving the Site and that ProMotiveCar.com has no responsibility or liability whatsoever in connection with your use or your exchange of any information with such third-party websites. ProMotiveCar.com and its Affiliates do not endorse, sponsor or guarantee these linked websites and are not responsible in any way for any advice, content, information, practices, products or services related to or made available through such linked websites.

Copyrights and Copyright Agents

It is the policy of ProMotiveCar.com to respond to claims of intellectual property infringement. ProMotiveCar.com will promptly process and investigate notices of alleged infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to a Service Provider's Designated Agent. Notification must be submitted to the following Designated Agent for this Site:

ProMotiveCar

1978 Congressional Drive

St. Louis MO 63146

info@promotivecar.com

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted 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;
  3. 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 the service provider to locate the material;
  4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  5. 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
  6. 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.

Trademarks

You acknowledge that the Content includes certain trademarks and service marks owned by ProMotiveCar.com, Affiliates, Licensors and others. You agree not to copy, use or otherwise infringe upon or dilute these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright or other notice from any copies of the Content. The "ProMotiveCar.com" name and logo are trademarks of ProMotiveCar.com. Other product and company names herein may be trademarks of their respective owners.

Software

Please note that all software programming, including without limitation all HTML and other code contained in this Site (collectively, "Software"), is owned by ProMotiveCar.com and/or its Licensors and is protected by copyright laws and other intellectual property laws, as well as international treaty provisions. Any unauthorized access to, reproduction, redistribution, publication, display or other use of the Software is expressly prohibited by law and may result in severe civil and/or criminal penalties. Violators will be prosecuted to the maximum extent possible.

User Materials

By submitting ads, content, photos, data or other materials ("Materials") to the Site, you hereby grant to ProMotiveCar.com and its Affiliates a royalty-free, perpetual, irrevocable, nonexclusive, fully transferable, fully sublicenseable right and license to copy, modify, display, distribute, perform, create derivative works from, store, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future. You further grant to ProMotiveCar.com and its Affiliates a royalty-free right and license to use your name, image and likeness in connection with the reproduction or distribution of the Materials.

Interactive Forums

This Site may offer message boards, bulletin boards, chat rooms or other forums (collectively, "Forums") to give Users 18 years of age and older an interesting and stimulating forum in which they can express their opinions and share their ideas. ProMotiveCar.com and its Affiliates do not endorse the accuracy or reliability of any advice, opinion, statement or information posted on these Forums. Please use your best judgment, and be respectful of other individuals using these Forums. By posting a message in the Forum, you agree to abide by these Terms of Use. You may not use the Site's Forums to engage in any Prohibited Activities (as defined below). Uploading copyrighted or other proprietary Material of any kind on the Site without the express permission of the owner of that Material is prohibited and may result in civil and/or criminal liability.

ProMotiveCar.com Rights

Given the nature of the Site and the volume of messages and postings, ProMotiveCar.com cannot and does not monitor all of the Materials posted or transmitted by you and other third-party information providers. ProMotiveCar.com reserves the right, in its sole discretion, to monitor, refuse to publish, remove, delete, move or edit any Materials without notice, at any time for any reason. By using the Site, you expressly agree that ProMotiveCar.com (a) will not be liable for any claims, actions or judgments arising out of or related to any Materials and (b) may monitor, refuse to publish, remove, delete, move or edit any Materials without notice at any time for any reason, without liability and without providing a refund. You further expressly agree that you are solely responsible for any and all Materials you submit to the Site.