Use of Site
Celica-GTS.com, its principal owners and operators ("CGTS") authorizes you to view and download the materials at this Site only for your personal, non-commercial use, provided that you retain all copyright and other proprietary notices contained in the original materials on any copies of the materials. You may not modify the materials at this Site in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose. Any use of these materials on any other website or networked computer environment for any purpose is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws. If you breach any of these Terms, your authorization to use this Site automatically terminates and you must immediately destroy any downloaded or printed materials.
Agreement to Terms
By using this Site or engaging in any activity governed by these Terms you signify that you agree to these Terms. In addition, when using particular services available on this Site, you will be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms. If you do not agree to the Terms, please do not use this Site or otherwise engage in any activity governed by these Terms. We reserve the right, at our discretion, to change, modify, add, or remove portions of these Terms at any time. Please check these Terms periodically for changes. Your continued use of this Site, or any activity governed by these Terms, after the posting of changes to these Terms will mean you agree to abide by those changes.
This Site includes links to other websites solely as a convenience to users. CGTS does not endorse any such linked websites or the information, material, products or services contained on other linked websites or accessible through other linked websites. Furthermore, CGTS makes no express or implied warranties with regard to the information, material, products or services that are contained on or accessible through linked websites. Access and use of linked websites, including information, material, products and services on linked websites or available through linked websites is solely at the user's own risk.
Content on this Site
This Site includes a combination of content that we create and that our users create. You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, email, transmit or otherwise make available on this Site ("Your Content"). You certify that you own all intellectual property rights in Your Content. You hereby grant us, our affiliates and our partners a worldwide, irrevocable, royalty-free, nonexclusive, sublicensable license to use, reproduce, create derivative works of, distribute, publicly perform, publicly display, transfer, transmit, distribute and publish Your Content and subsequent versions of Your Content for the purposes of (i) displaying Your Content on this Site, (ii) distributing Your Content, either electronically or via other media, to users seeking to download or otherwise acquire it, and/or (iii) storing Your Content in a remote database accessible by end users, for a charge. This license shall apply to the distribution and the storage of Your Content in any form, medium, or technology now known or later developed.
Conduct on this Site
You agree not to post or transmit material that is knowingly false and/or defamatory, misleading, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening or invasive of a person's privacy; that otherwise violates any law; or that encourages conduct constituting a criminal offense.
Registration may be required for you to access certain portions of the Site. If you complete the registration form, then you represent that the information on your registration form is complete and accurate, and that you will promptly contact CGTS to update this information if it changes. When registering, you must select a user ID and password. You are solely responsible for keeping your password confidential and for all use of the Site with your password. You must immediately notify CGTS of any known or suspected unauthorized use of your password.
Accuracy and Integrity of Information
Although CGTS attempts to ensure the integrity and accuracy of this Site, it makes no guarantees whatsoever as to the correctness or accuracy of this Site. It is possible this Site may include typographical errors, inaccuracies or other errors, and that unauthorized additions, deletions and alterations could be made to the Site by third parties. In the event that an inaccuracy arises, please inform CGTS so that it can be corrected. Information contained on this Site may be changed or updated without notice.
Termination of Use
You agree that CGTS may, in its sole discretion, at any time terminate your access to the Site and any account(s) you may have in connection with the Site. Access to the Site may be monitored by CGTS.
Disclaimer of Warranties
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CGTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CGTS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CGTS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CGTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
Limitation of Liability
IN NO EVENT WILL CGTS OR ITS AFFILIATES ASSUME ANY RESPONSIBILITY FOR ANY DAMAGES THAT RESULT FROM YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THIS SITE, OR FROM YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE, EVEN IF CGTS OR ITS AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR USE OF THE SITE IS AT YOUR RISK. NEITHER CGTS NOR ITS AFFILIATES SHALL BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES ARISING OUT OR YOUR ACCESS TO, OR USE OF, THE SITE. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CGTS'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
You agree to indemnify and defend CGTS from any claim (including attorneys fees and costs) arising from your (a) use of the Site, (b) violation of any third party right, or (c) breach of any of these Terms. You agree to cooperate as fully as reasonably required in the defense of any claim. CGTS reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification under this section and, in any event, you agree not to settle any such matter without the prior written consent of CGTS.
The failure of CGTS to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. These Terms shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these Terms or the Site shall be filed only in the state or federal courts in and for the State of California and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these Terms shall be deemed unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
Revised and posted as of: October 19, 2006