Read This Terms of Service Agreement Before Accessing Website (nsxprime.com).
WELCOME TO NSX PRIME. We hope you find it useful. By accessing our servers, websites, or content therefrom (together, “NSX Prime”), you agree to these Terms of Service (“TOS”), last updated May 21, 2017.
This Terms of Service Agreement sets forth the standards of use of the website and forum for Registered Members. By using NSX Prime you (the “Member”) agree to these terms and conditions. If you do not agree to the terms and conditions of this agreement, you should immediately cease all usage of this website.
We reserve the right, at any time, to modify, alter, or update the terms and conditions of this agreement without prior notice. Modifications shall become effective immediately upon being posted on the NSX Prime website at http://www.nsxprime.com/terms-of-service. Your continued use of the Service after amendments are posted constitutes an acknowledgment and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
Description of Service
NSX Prime is providing Member with automotive-related Web site interaction. Member must provide (1) all equipment necessary for their own Internet connection, including computer and modem and (2) provide for Member’s access to the Internet, and (3) pay any fees related with such connection.
Statement of Independence and Non-Affiliation
This is an independently owned and operated website. This website is NOT affiliated in any way with Honda Motor Co., Ltd., the Acura Division of American Honda Motor Co., Inc., the NSX Club of America (NSXCA), or any other business or organization. The representations expressed within this website are those of the individual posting the message and do not necessarily reflect the opinions and viewpoints of the website administrator or Honda Motor Co., Ltd. or the Acura Division of American Honda Motor Co., Inc. The information, ideas, and activities set forth in the site should not be construed as being endorsed by the website administrator, Honda Motor Co., Ltd. or the Acura Division of American Honda Motor Co., Inc. for any purpose.
License
We grant you a limited, revocable, nonexclusive, nonassignable, nonsublicensable license to access to NSX Prime in compliance with the TOS; unlicensed access is unauthorized. You agree not to license, distribute, make derivative works, display, sell, or “frame” content from NSX Prime, excluding content you create and sharing with friends/family. You grant us a perpetual, irrevocable, unlimited, worldwide, fully paid/sublicensable license to use, copy, perform, display, distribute, and make derivative works from content you post.
Use
You agree not to use or provide software (except for general purpose web browsers and email clients, or software expressly licensed by us) or services that interact or interoperate with NSX Prime, e.g. for downloading, uploading, posting, flagging, emailing, search, or mobile use. Robots, spiders, scripts, scrapers, crawlers, etc. other than from major public search engine providers are prohibited, as are misleading, unsolicited, unlawful, and/or spam postings/email. You agree not to collect users’ personal and/or contact information (“PI”).
Disclaimer and Limitation of Liability
To the extent permitted by law, (1) we make no promise as to the completeness, accuracy, availability, timeliness, propriety, security or reliability of NSX Prime; (2) your access and use are at your own risk, and NSX Prime is provided “AS IS” and “AS AVAILABLE”; (3) we are not liable for any harm resulting from (a) user content; (b) user conduct, e.g. illegal conduct; (c) your NSX Prime use; or (d) our representations; (4) WE AND OUR OFFICERS, DIRECTORS, EMPLOYEES (“NSX PRIME ENTITIES”), DISCLAIM ALL WARRANTIES & CONDITIONS, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE, OR NON-INFRINGEMENT; (5) NSX PRIME ENTITIES ARE NOT LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS (E.G. OF PROFIT, REVENUE, DATA, OR GOODWILL); (6) IN NO EVENT SHALL OUR TOTAL LIABILITY EXCEED WHAT YOU PAID US IN THE PAST YEAR.
Information on any part of the NSX Prime website, including the message forums and other content, are the sole responsibility and views of the author, not the site administrator or owner. The owner and administrator of NSX Prime cannot and does not attempt to verify the accuracy of information posted, and does not even review all of the information posted. Information on this website may be dangerous, incorrect, contain technical inaccuracies or typographical errors. Information may be changed or updated without notice.
NSX PRIME SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR NSX PRIME SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB SITE, THE FORUM (MESSAGE BOARD), THE WIKI SYSTEM, OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NSX PRIME HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS HAVE LAWS PROTECTING CONSUMERS AND OTHER CONTRACT PARTIES, LIMITING THEIR ABILITY TO WAIVE CERTAIN RIGHTS AND RESPONSIBILITIES. WE RESPECT SUCH LAWS; NOTHING HEREIN SHALL WAIVE RIGHTS OR RESPONSIBILITIES THAT CANNOT BE WAIVED.
Claims
CLAIMS. You agree (1) any claim, cause of action or dispute (“Claim”) arising out of or related to the TOS or your NSX Prime use is governed by Virginia (“VA”) law regardless of your location or any conflict or choice of law principle; (2) Claims must be resolved exclusively by state or federal court in Richmond, VA (except we may seek injunctive remedy anywhere); (3) to submit to personal jurisdiction of said courts; (4) any Claim must be filed by one (1) year after it arose or be forever barred; (5) not to bring or take part in a class action against NSX Prime Entities; (6) (except government agencies) to indemnify NSX Prime Entities for any damage, loss, and expense (e.g. legal fees) arising from claims related to your NSX Prime use; (7) you are liable for TOS breaches by affiliates (e.g. marketers) paid by you, directly or indirectly (e.g. through an affiliate network); and (8) to pay us for breaching or inducing others to breach the “USE” section, not as a penalty, but as a reasonable estimate of our damages (actual damages are often hard to calculate): $0.10 per server request, $10 per post, email, flag, or account created, $1 per item of PI collected, and $1000 per software distribution, capped at $25,000 per day.
Indemnification
Member agrees to indemnify and hold NSX Prime, its parents, subsidiaries, affiliates, officers and employees, harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of Member’s use of the Service, the violation of this Agreement, or infringement by Member, or other user of the Service using Member’s computer, of any intellectual property or any other right of any person or entity.
Members Account
All Members of the Service shall receive a password and an account. Members are entirely responsible for any and all activities which occur under their account whether authorized or not authorized. Member agrees to notify NSX Prime of any unauthorized use of Member’s account or any other breach of security known or should be known to the Member. Member’s right to use the Service is personal to the Member. Member agrees not to resell or make any commercial use of the Service without the express written consent of NSX Prime.
Modifications and Interruption to Service
NSX Prime reserves the right to modify or discontinue the Service with or without notice to the Member. NSX Prime shall not be liable to Member or any third party should NSX Prime exercise its right to modify or discontinue the Service. Member acknowledges and accepts that NSX Prime does not guarantee continuous, uninterrupted or secure access to our website and operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Third-Party Sites
Our website may include links to other sites on the Internet that are owned and operated by online merchants and other third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therein. We encourage all Members to review said privacy policies of third-parties’ sites.
You agree not to post or otherwise make available Content that constitutes or contains “affiliate marketing,” “link referral code,” or “unsolicited commercial advertisement.”
Disclaimer Regarding Accuracy of Vendor Information
Product specifications and other information have either been provided by the Vendors or collected from publicly available sources. NSX Prime can make no representations or warranties as to the accuracy or reliability of any information provided on this website. NSX Prime makes no warranties or representations whatsoever with regard to any product provided or offered by any Vendor, and you acknowledge that any reliance on representations and warranties provided by any Vendor shall be at your own risk. NSX Prime makes no warranties or representations whatsoever with regard to the business conduct of any Vendor, and you acknowledge that any business into which you enter with any Vendor is entirely at your own risk.
Compliance with Laws.
Member assumes all knowledge of applicable law and is responsible for compliance with any such laws. Member may not use the Service in any way that violates applicable state, federal, or international laws, regulations or other government requirements. Member further agrees not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
Copyright and Trademark Information
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is Copyright 1997 – 2017 NSX Prime, will all rights reserved or is the property of NSX Prime and/or third parties protected by intellectual property rights.
Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, or replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of NSX Prime is strictly prohibited. Members agree that they will not use any robot, spider, or another automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of an authorized officer of NSX Prime. NSX Prime’s logos may not be used in connection with any product or service that is not provided by NSX Prime, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits NSX Prime.
All other trademarks displayed on NSX Prime’s websites are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those Vendors. In addition, such use of trademarks or links to the web sites of Vendors is not intended to imply, directly or indirectly, that those Vendors endorse or have any affiliation with NSX Prime. “NSX”, “Acura”, and the Acura logo are registered trademarks of Honda Motor Co., Ltd.
Other Terms
If any provision of this Terms of Service Agreement shall be unlawful, void or unenforceable for any reason, the other provisions (and any partially-enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent.
You agree that this Terms of Service Agreement and any other agreements referenced herein may be assigned by NSX Prime., in our sole discretion, to a third party in the event of a merger or acquisition. This Terms of Service Agreement shall apply in addition to, and shall not be superseded by, any other written agreement between us in relation to your participation as a Member. Member agrees that by accepting this Terms of Service Agreement, Member is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy Statement [if applicable].