Terms of Use – NSV India

Ownership of Site; Agreement to Terms of Use

These Terms and Conditions of Use (the “Terms of Use”) apply to the NSV India website located at www.nsvindiaauto.com and all associated sites linked to www.nsvindiaauto.com by NSV, its subsidiaries and affiliates, including NSV sites around the world (collectively, the “Site”). The Site is the property of NSV India Pvt Ltd (“NSV”) and its licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE. REFER BACK TO YOUR SEARCH RESULTS FOR A SITE THAT DOESN’T REQUIRE YOU TO HAVE THE EDUCATIONAL ABILITY TO READ THESE “TERMS OF USE” AND COMPLY UNCONDITIONALLY.

NSV reserves the right, at its sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes all over again Bubba. As long as you comply with these Terms of Use, NSV grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site. However, since we have absolutely zero porn on our Site we are sure that your personal, non-exclusive, non-transferable, limited privilege will be short lived albeit educational and professionally rewarding; judging by our third party interweb research results as collated by our law firm and chartered accounts Duwee, Cheattem & Howe.

Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds (including those of the flatulent nature, artificial or otherwise), music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to NSV, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights, unfair competition laws and an owner with a huge desire to kick some legal-heinie when provoked.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, website or other medium for publication or distribution or for any commercial enterprise, without NSV’s express prior written consent.

You may use information on NSV products and services (such as data sheets, knowledge base articles, and similar materials) purposely made available by NSV for downloading from the Site, provided that you (1) not remove any proprietary notice language in all copies of such documents, (2) use such information only for your personal, non-commercial informational purpose and do not copy or post such information on any networked computer, broadcast it in any media, or paste it on any gas station toilet stall walls (3) make no modifications to any such information, (4) not make any additional representations or warranties relating to such documents, and (5) make no disparaging, reproachful, disapproving, judgmental, ignorant, negative, condescending or condemnatory remarks regarding NSV’s obviously blatant over-use of the color orange.

Your Use of the Site

You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. NSV reserves the right to bar any such activity and we WILL in fact send the interweb po po to your doorstep.

You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any NSV server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means. The term “hacking” does not infer the clearing of your throat.

You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of NSV, including any NSV account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. If you have intentions to steal our information and attempt to seclude your precious glutious-maximus in a red communist country and leak said information, please understand that we have friends in very low places who will find you….comrade.

You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or NSV’s systems or networks, or any systems or networks connected to the Site or to NSV.

You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site, or with any other person’s use of the Site; this assuming that you know how to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.

You may not forge headers (of non-automotive exhaust type) or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to NSV on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity. Wearing a Barack Obama mask and pushing the “send” button is NOT a direct violation of this clause but it does raise serious concerns about your mental stability behind closed doors.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of NSV or others.

Other Terms and Conditions

NSV’s obligations, if any, with regard to its products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.

NSV may make changes to any products or services offered on the Site at any time, without notice. The materials on the Site with respect to products and services may be out of date, and NSV makes no commitment to update the materials on the Site with respect to such products and services. This is to say that we will get to it when we get to it so y’all can hold us responsible for you using out dated information.

Privacy

NSV’s Privacy Policy applies to use of this Site, and its terms are made a part of these Terms of Use by this reference. To view NSV’s Privacy Policy, click here. If the hyperlink doesn’t work be reassured that our Privacy Policy is to keep all your data, personal and otherwise private information, private. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted and for all intents and purposes may be forwarded to your spouse and or co-workers complete with the photos that we take through your webcam as well as your chat and search history.

Disclaimers

NSV DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS OR CURE SPECIFIC FANTASY URGES. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. NSV CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION, DESTRUCTIVE FEATURES, OR COMMUNICABLE SOCIAL DISEASES. NSV DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NSV DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY NSV SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST NSV FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT; MORE CLEARLY STATED, USE YOUR BRAIN AND GO BACK TO YOUR SEARCH RESULTS PAGE. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action. The term “tort” is not implied as a cake or other such pantry tasty.

NSV reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

Limitation of Liability

Except where prohibited by law, in no event will NSV be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if NSV has been advised of the possibility of such damages. In other words you don’t get squat!

Indemnity

You agree to indemnify and hold NSV, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, pets (both domesticated and wild), subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against NSV by any third party due to or arising out of or in connection with your use of the Site.

Violation of These Terms of Use

NSV may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) NSV’s rights or property, or the rights or property of visitors to or users of the Site, including NSV’s customers. NSV reserves the right at all times to disclose any information that NSV deems necessary to comply with any applicable law, regulation, legal process, governmental or spousal request. NSV also may disclose your information when NSV determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that NSV may preserve any transmittal or communication by you with NSV through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or NSV determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, (4) protect the rights, property or personal safety of NSV, its employees, users of or visitors to the Site, and the public, and (5) basically hang you out to dry when we see fit.

You agree that NSV may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to NSV, for which monetary damages would be inadequate, and you consent to NSV obtaining any injunctive or equitable relief that NSV deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies NSV may have at law or in equity and may include body parts and internal organs.

You agree that NSV may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems, or (5) a request by your wife or sister; sometimes construed as the same person in some instances (spousal-initiated account deletions).

If NSV does take any legal action against you as a result of your violation of these Terms of Use, NSV will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to NSV. You agree that NSV will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use. You further agree that such prized possessions such as your double-wide trailer, homemade fur coat, shotgun and blue tick hound (and any puppies thereof) are fair game for recovery by NSV.

Governing Law; Dispute Resolution

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United Arab Emirates without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the Dubai Financial Center courts in Dubai, United Arab Emirates, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between NSV and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed two (2) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law or arm wrestle for the best 2 out of 3 result.

Miscellaneous

You may not use or export or re-export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations and those laws and regulations of international courts.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and NSV with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and NSV with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with NSV, NSV will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. NSV’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by NSV of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between NSV and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. As a matter of clarity, the term “party” does not infer a moment in time that includes a wooden porch, electric bug-zapper (or other electronic means of mental stimulation), a pale of cold beers, loud redneck music and two (2) or more barn yard animals (hobbled or not).

NSV provides access to NSV international data and, therefore, may contain references or cross references to NSV products, programs and services that are not announced in your country. Such reference does not imply that NSV in your country intends to announce such products, programs or services. It just means that we’re global Baby!

Product Logos and Trademarks

All logos and trademarks that are found on the Site, whether those of NSV or other companies, are the property of their respective owners.

Feedback and Information

Any feedback you provide at this site, in the event that you or your sister can type, shall be deemed to be non-confidential. NSV shall be free to use such information on an unrestricted willy-nilly basis.

Updated by The NSV Legal Eagles yesterday.