Terms of Service


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Last Updated: 1/5/2011

Chug Incorporated Terms of Use

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE. Chug INCORPORATED (“Chug”, “we,” “us”) provides this web site and all web site-related services (collectively, the “Site”) subject to your compliance with the terms and conditions set forth in these terms of use (these “Terms of Use”). These Terms of Use govern the relationship between Chug and you, the Site visitor and/or member (“you”, “your”) with respect to your use of the Site. It is important that you read carefully and understand the terms and conditions of these Terms of Use. Any rights not expressly granted herein are reserved. By using the Site, you agree to be bound by these Terms of Use. If you do not agree to these terms and conditions, please do not use the Site.

We reserve the right at any time to change the terms and conditions of these Terms of Use, change the Site, including eliminating or discontinuing any content on or feature of the Site, or change any fees or charges for use of the Site. You can determine when these Terms of Use were last revised by referring to the “Last Updated” legend at the top of these Terms of Use.

Any changes we make shall be effective immediately upon notice, which we may provide by means including, without limitation, posting on the Site. Your continued use of the Site after such notice shall be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of these Terms of Use. Upon our request, you agree to sign a non-electronic version of these Terms of Use.

As part of the registration process, you may be asked to select a username and password. We may refuse to grant you a username that personally identifies you, belongs to or is being used by another person, impersonates someone else, is or may be illegal, is or may be protected by trademark or other proprietary rights law, violates the intellectual property or other rights of any person, is vulgar or otherwise offensive, or may cause confusion, as determined by us in our sole discretion. You shall be responsible for the confidentiality and use of your username and password and agree not to transfer or resell your use of or access to the Site to any third party. If you have reason to believe that your account with us is no longer secure, you must promptly change your password by visiting www.chugnow.com and immediately notify us of the problem by emailing us at info@chug.net. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. WE ARE NOT LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH ANY OF THE FOREGOING OBLIGATIONS.

In connection with Submissions (as defined below) and your use of the Site, you agree that you shall not (collectively, the “Codes of Conduct”):

While using the Site and the Materials, you agree to comply with all applicable laws, rules and regulations.

Descriptions or images of, or references to, products or services on the Site do not imply Chug’s endorsement of such products or services. We reserve the right, without prior notification, to change such descriptions or references, to limit the order quantity on any product or service and/or to refuse service to you. Verification of information applicable to a purchase may be required in connection with any Transaction. Price and availability of any product or service are subject to change without notice. Without limiting the generality of the foregoing, all cars featured on the Site are subject to prior sale. Chug is not responsible for errors in the prices or descriptions of any product or service. Refunds and exchanges shall be subject to Chug’s refund and exchange policies in effect at the time of the applicable Transaction. Current rates for any product or service available through the Site may be obtained by sending an email to support@chug.net.

Without limiting the generality of the foregoing, Chug does not sell cars directly and is never a party to any transaction between purchasers and sellers. As a result, Chug does not collect or process payments or transfer of title on behalf of purchasers or sellers, or warehouse, store, ship or deliver any cars. The price and other terms of any car-purchase Transaction remain subject to direct negotiations between the purchaser and the seller. The prices featured on the Site may exclude certain tax, title, license, emission testing or other fees, any or all of which may be added by the seller to the listed price. Chug does not verify the information that sellers supply or guarantee or ensure any car or any car-purchase Transaction.

In addition, portions of the Materials have been contributed to the Site by various third parties, including, without limitation, sellers of cars or third party service providers. The inclusion of such portions of the Materials does not indicate any approval or endorsement thereof, and Chug expressly disclaims any liability with respect to such portions of the Materials.

You acknowledge that Chug is under no obligation to post, display or otherwise use any Submission. Chug does not endorse any Submission or any opinion, recommendation or advice expressed therein, and Chug expressly disclaims any and all liability in connection with all Submissions. The opinion(s) expressed in any Submission reflects solely the opinion(s) of the user submitting such Submission and does not reflect the opinion(s) of Chug. If Chug is notified that a Submission allegedly does not conform to these Terms of Use or may be a violation of any law, regulation or rights of any third party, including, but not limited to, rights under copyright law and prohibitions on libel, slander and invasion of privacy, Chug has the right, but not the obligation, to investigate the allegation and determine in good faith and in its sole discretion whether to remove such Submission.

You understand that when using the Site, you will be exposed to Submissions from a variety of sources, and that Chug is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Submissions. You further understand and acknowledge that you may be exposed to Submissions that are inaccurate, offensive, indecent, objectionable, obscene, threatening, harassing or encourage any such conduct, or that otherwise violate any of the Codes of Conduct, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Chug with respect thereto, and agree to indemnify and hold Chug, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

You shall be solely responsible for your own Submissions and the consequences of posting or publishing them. In connection with Submissions, you affirm, represent and/or warrant that: (i) you own, or have the necessary licenses, rights, consents, and permissions to the Submissions and to grant the rights and licenses to Chug under all trademark, trade secret, copyright or other proprietary or intellectual property rights in and to any and all Submissions in the manner contemplated by the Site and these Terms of Use; and (ii) you have the written consent, release, and/or permission of each and every identifiable individual person in the Submission to use the name or likeness of each and every such identifiable individual person in the manner contemplated by the Site and these Terms of Use. Under no circumstances shall we or our affiliates, suppliers or agents be liable for any loss or damage resulting from the use (including, without limitation, republication) or misuse by any third party of information voluntarily made public through a Submission or a Forum or any other part of the Site. IF YOU CHOOSE TO MAKE ANY OF YOUR PERSONALLY IDENTIFIABLE OR OTHER INFORMATION PUBLICLY AVAILABLE IN A SUBMISSION OR A FORUM OR OTHERWISE ON THE SITE, YOU DO SO AT YOUR OWN RISK.

You acknowledge that people participating in such Forums occasionally post messages or make statements, whether intentionally or unintentionally, that are inaccurate, misleading or deceptive. We neither endorse nor are responsible for such messages or statements, or for any opinion, advice, information or other utterance made or displayed on the Site or Forums by third parties, whether such third parties are visitors to the Site, members of the Chug community or others. The opinions expressed in the Forums reflect solely the opinion(s) of the participants and may not reflect the opinion(s) of Chug. We are not responsible for any errors or omissions in articles or postings, for hyperlinks embedded in messages or for any results obtained from the use of such information. Under no circumstances shall we or our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on such information obtained through the Site.

You hereby agree not to instigate, support, maintain, or authorize any action, claim, or lawsuit against Chug or its owners/operators, affiliates, and/or licensors, or any other person, on the grounds that any use of a Submission, or any derivative works thereof, infringe any of your rights as creator of the Submission, including, without limitation, trademark rights, copyrights, publicity rights, privacy rights, and moral rights or “droit moral.”

Subject to the rights and licenses you grant to Chug under these Terms of Use, you retain all rights to the ownership and use of your Submissions.

Additionally, other web sites may provide links to the Site with or without our authorization. You acknowledge and agree that Chug and its affiliates, suppliers and agents do not endorse such sites, and are not and shall not be responsible or liable for any links from those sites to the Site, any content, advertising, products or other materials available on or through such other sites, or any loss or damages incurred in connection therewith. Chug shall have the right, at any time and in its sole discretion, to block links to the Site through technological or other means without prior notice.

The trademarks, logos, and service marks displayed on the Site (collectively the “Trademarks”) are the registered and unregistered trademarks of Chug, Chug’s licensors and suppliers, and others. The Trademarks owned by Chug, whether registered or unregistered, may not be used in connection with any product or service that is not Chug’s, in any manner that is likely to cause confusion with customers, or in any manner that disparages Chug Nothing contained on the Site should be construed as granting, by implication, estoppel or otherwise, any license or right to use any Trademark without the express written permission of Chug, Chug’s licensors or suppliers, or the third party owner of any such Trademarks. Misuse of any Trademarks is prohibited, and Chug may aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.

We reserve the right to limit the availability of the Site and/or the provision of any service, program or other product described thereon to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service, program or other product that we provide.

Chug reserves the right to takes steps that Chug believes are necessary, helpful or appropriate to enforce and/or verify compliance with these Terms of Use (including without limitation in connection with any legal process relating to your use of the Site and/or a third party claim that your use of the Site is unlawful or violates such third party's rights).

A possibility exists that the Site, Materials or Forums could include inaccuracies or errors, or information or materials that violate these Terms of Use (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Site, Materials or Forums. Although we attempt to ensure the integrity of the Site, we make no guarantees as to the Site’s completeness or correctness. In the event that a situation arises in which the Site’s completeness or correctness is in question, please contact us at support@chug.net, with, if possible, a description of the material to be checked and the location (URL) where such material can be found on the Site, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement,” above.

© Chug Incorporated 2011