LMVIND Info System - Acceptable Use Policy

By entering, using, or continuing to use this SYSTEM and/or the information, services, or products contained within, you agree to be bound by the following Terms of Acceptable Use, and any new or modified terms and conditions:

Acceptance of Terms

By entering, using or continuing to use this SYSTEM, you agree to be bound by this Acceptable Use Policy ("POLICY"), which may be modified from time to time without notice to you. You may view the most recent version of this policy at any time
at: http://www.lmvindbavarian.net/acceptuse.htm. You may not use this SYSTEM, or request any information, services, or products from it unless you agree with the conditions stated in this POLICY.

Description of Services

This SYSTEM was developed to create an environment where users can access, post and retrieve information and share ideas related to repairing vehicles manufactured by the BMW Group ("BMW"). Although such information shares common knowledge, it is always recommended that all available factory repair manuals, CD's, or any other available resources be considered before attempting to perform repairs recommended on our network.

LMV INFO SYSTEM’S Rights in Information Posted on and e-mails sent to this SYSTEM

You expressly understand and agree that by posting information on this SYSTEM, you grant LMV INFO SYSTEM an irrevocable, indefinite, world-wide, royalty free, non-exclusive license to sub-license, reproduce, publish, display, distribute, modify, and adapt any such information.

All e-mail sent to this SYSTEM becomes the property of LMV INFO SYSTEM. LMV INFO SYSTEM reserves the right, but shall not be obligated to, publish any of the e-mails received, in whole or in part, or make such other uses of it as LMV INFO SYSTEM sees fit.

User Conduct

You understand and agree that all information submitted to this SYSTEM, whether publicly or privately, is the sole responsibility of the person providing the information. You are solely responsible for all content that you submit to this SYSTEM, and for any ramifications that may result therefrom.

You agree not to use this SYSTEM to:

(a) upload, post, e-mail, or otherwise transmit any content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable, or invasive of another’s privacy;
(b) upload, post, e-mail or transmit any information that you do not have the right to transmit under law, contractual obligations, or fiduciary obligations;
(c) upload, post, e-mail, or transmit any information that infringes upon any proprietary right of any person or entity, including but not limited to any information regarding any patent, trademark, copyright, or trade secret,;
(d) upload, post, e-mail, or transmit any information that infringes the publicity or privacy rights of any person or entity;
(e) upload, post, e-mail, or transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of harassment;
(f) upload, post, e-mail, or transmit any material that contains a virus or any other thing intended to destroy or limit the functionality of any computer software, hardware, or other equipment;
(g) depict a person, company, entity, or service in a false light;
(h) falsely state your affiliation with a person or entity; impersonate any person or entity, or use an identity that is confusingly similar to another user’s;
(i) manipulate identifying factors to disguise the origin of any posted content;
(j) intentionally or unintentionally violate any applicable local, state, federal, or international law;
(k) harm minors in any way;
(l) collect or store personal data about any other user(s).

You acknowledge that this SYSTEM does not pre-screen or monitor content and has no obligation to do so. However, LMV INFO SYSTEM retains the right to remove or edit any content posted to this SYSTEM, at its sole discretion, and may also refuse to do so.

You expressly acknowledge and agree that LMV INFO SYSTEM may preserve and disclose information if so required by law, or upon a good faith belief that such preservation and disclosure is necessary to (a) to enforce this Acceptable Use Policy; (b) comply with the legal process; (c) to respond to a claim of infringement / violation of a third party’s rights; (d) to protect the rights of LMV INFO SYSTEM, LMV Industries, Inc., its employees, users, and the public.

Intellectual Property

LMV INFO SYSTEM respects the intellectual property rights of others, and requires its users to do likewise.

User’s obligations to respect other’s intellectual property rights.

You understand and agree to respect and refrain from infringing any and all copyrights, trademarks, trade secrets, and all other proprietary information of all persons and companies. By submitting information to this SYSTEM, you represent and warrant that the submission, installation, copying, distribution, and use of such information will not violate any other party's proprietary rights. You expressly agree not to post any trade secrets, copyrighted information of which you are not the copyright owner, or any proprietary information other than your own to this SYSTEM.

Trademarks

LMV INFO SYSTEM and the LMV Info System logo are trademarks of LMV Industries, Inc. All other trademarks are the property of their respective owners.

Copyrights

If you believe that your copyright has been infringed by a posting on this SYSTEM.

In accordance with the Digital Millennium Copyright Act of 1998, LMV INFO SYSTEM shall respond expeditiously to any claim of copyright infringement that is reported to this SYSTEM’s "Designated Copyright Agent."

If you believe that any material posted to this site violates your copyright, please provide this SYSTEM’s Copyright Agent with the following information:

a) A description of the copyrighted work that is claimed to be infringed;
b) A description of the allegedly infringing material and where the material is located on this SYSTEM;
c) Your mailing address, telephone number, and email address;
d) A statement that you have good faith to believe that the use of the material is not authorized by the copyright holder, its agent, or under the law;
e) A statement, made under penalty of perjury, that the information provided in the Notice to this SYSTEM regarding the claimed copyright infringement is accurate, and that you are the copyright owner or authorized to act on the copyright owner's behalf;
f) An electronic or physical signature of the copyright owner, or of a person designated to act on behalf of the copyright owner;
g) The signatory’s full legal name.

All claims of copyright infringement should be addressed to LMV INFO SYSTEM’s Designated Copyright Agent:

Lara Pearson, Esq.
Copyright Agent
Law Office of Lara Pearson LTD.
774 Mays Blvd. No. 10 PMB 405
Incline Village, Nevada 89451

By Phone: 775 833-1600
By Fax: 775 833-1474

No Product Endorsement

Our site may provide, or third parties may provide, information on commercial products or commercial services available on Internet World Wide Web sites and elsewhere. Because LMV Industries Inc. has no control over such products, sites or services, you acknowledge and agree that LMV Industries Inc. is not responsible for the availability of such external sites, products or services, and does not endorse and is not responsible or liable for any content, advertising, product, or other materials on, or available from, such sites or resources. You further acknowledge and agree that LMV Industries Inc. shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or through any such sites, products or services.

Disclaimer of Warranties

Your use of this SYSTEM is at your own risk. The creator of this site assumes NO LIABILITY based on information contained herein. This SYSTEM is provided on an "AS IS," and "AS AVAILABLE" basis. LMV INFO SYSTEM expressly disclaims all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

Although all information on this SYSTEM is believed to be accurate and reliable, LMV INFO SYSTEM is NOT responsible for false information, instructions, ideas, etc. posted on our website that lead to injury or loss of compensation. LMV INFO SYSTEM assumes no responsibility or liability for the content, accuracy, liability, completeness, usefulness, or timeliness of any user communications or e-mail postings, the mis-delivery of or failure to post any user content or communication, or the monitoring, deletion or editing of any content. LMV INFO SYSTEM is not responsible for any errors created in or damage to information you submit as a result of the installation or maintenance on this SYSTEM’s web site, or its use by any person accessing this SYSTEM. LMV INFO SYSTEM assumes no responsibility or liability for the accuracy, reliability, or usefulness of any apparatus, product, or process disclosed on this SYSTEM. Any material downloaded or otherwise obtained through the use of this SYSTEM is done at your own discretion and risk. You are solely responsible for any damage to your computer system, any loss of data, or any other damage that may result from the download of material from this SYSTEM.

Nothing obtained by you from this SYSTEM in writing or otherwise shall create any warranty not expressly stated in the Acceptable Use Policy.

Limitation of Liability

You agree that LMV INFO SYSTEM shall not be liable to you or any third party for any modification, suspension or termination of this SYSTEM.

You expressly understand and agree that LMV INFO SYSTEM shall not be liable for any direct, indirect, consequential, incidental, special, or exemplary damages, including but not limited to loss of profits, goodwill, overhead, expenses, data, or any other loss that arise as a result of your use of or inability to use this SYSTEM, or from any action by any third party on this SYSTEM.

You agree to indemnify and hold harmless this SYSTEM, its affiliates, officers, directors, employees, agents and representative for any claims, or demand including reasonable attorneys' fees and costs of litigation or arbitration arising from, or relating to this agreement, your use of this system, or the contents contained herein.

Exclusions and Limitations

Some jurisdictions do not allow the exclusion of certain warranties, or the limitation / exclusion of liability for certain damages. The disclaimers and limitations therefore apply to the maximum extent allowable by law.

Modifications to Service

LMV INFO SYSTEM reserves the right to modify or discontinue, temporarily or permanently, your use of this SYSTEM, or this SYSTEM in its entirety, with or without notice at any time.

Termination of Service

LMV INFO SYSTEM may, at its sole discretion, terminate your password and /or account and remove information from this SYSTEM for any reason, at any time. You agree that your account may be terminated without prior notice under any provision of this Acceptable Use Policy and that this SYSTEM shall not be liable to you or any third party as a result of the termination of your access.

Mandatory Choice of Law and Venue Selection

The Acceptable Use Policy constitutes the entire agreement between you and LMV INFO SYSTEM, superceding any prior agreements between you and this SYSTEM. This site is created and controlled by LMV Industries, Inc., a Nevada corporation. As such, the relationship between you and this SYSTEM shall be governed solely and exclusively by the laws of the State of Nevada. The construction, validity, and performance of this Acceptable Use Policy shall be governed solely and exclusively by, and construed solely and exclusively in accordance with, the laws of the State of Nevada, and the parties expressly waive its choice of law rules. The parties agree that venue and jurisdiction for any litigation arising out of, related to, or regarding the validity of, this Acceptable Use Policy shall lie exclusively in the County of Washoe, State of Nevada.

Severability of the Provisions of this Policy

If any provision of this Policy is held to be invalid or unenforceable for any reason whatsoever, the remaining provisions shall remain valid and unimpaired, and shall continue in full force and effect.

Wholly Integrated Agreement

This Acceptable Use Policy constitutes the entire Agreement between the parties concerning the terms and conditions of use of this SYSTEM. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and agreements between the parties with respect thereto. This Agreement may be amended or modified by this SYSTEM at any time without notice to the other party.

System Monitoring and Privacy Policy

Access to LMV INFO SYSTEM is monitored for security purposes and access statistics. This SYSTEM monitors the requested URL’s, the machine originating the request, and the time that the request is logged.

The privacy and protection of the information you provide to this SYSTEM is important. Information collected by this SYSTEM is used for purposes such as personalization and verification. No data transmission over the Internet is 100% secure. Because of the nature of the Internet, you understand that this SYSTEM cannot warrant or ensure the security of any information that you transmit to us. You transmit all information at your own risk. Once this SYSTEM receives your information, we make every effort to ensure its security.
You understand that this SYSTEM may use cookies to store and help track information. You are aware that when you disclose information online, such as on message boards, your information can be collected and used by others. You submit any information to this SYSTEM at your own risk.

	Independent Technical Information System for Vehicles Manufactured by the BMW Group LMV Info System is NOT authorized by, sponsored by, supported by, nor affiliated with the BMW Group and / or its associated companies.