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Please read the following Terms of Use and Disclaimer (the
"Terms") carefully before using our Web site, located at 5erfest.net
(the "Site"). By using this Site, you agree to these Terms.
If you do not agree to these Terms, do not use the Site. We
reserve the right, at any time, to modify, alter, or update
these Terms, and you agree to be bound by such modifications,
alterations, or updates.
Copyright: Proprietary Materials
All creative and technical design, text, graphics, interfaces,
interactive elements and the selection and arrangement thereof
on the Site are copyright 2002 - 2008 5er Fest. ALL RIGHTS
RESERVED. Permission is granted to electronically copy and
to print hard copies of portions of the Site for the sole
purpose of information reference. The materials used and displayed
on the Site, including but not limited to all text, software,
photographs, graphics, illustrations, artwork, video, music,
sound, names, logos and trademarks, ("Proprietary Materials")
are, unless otherwise indicated, the property of 5er Fest
or its affiliates or licensors and are protected by copyright,
trademark, and other laws.
Any use of the Site and/or the Proprietary Materials, except
as expressly set forth herein, including reproduction for
purposes other than those noted above, modification, distribution,
dissemination, retransmission, broadcasting or republication,
without prior written permission of 5er Fest is strictly prohibited.
5er Fest is in no way affiliated with BMW AG or BMW North
America. The BMW name, marks, and Roundel logo used in the
pages of this Web Site are the property of BMW AG.
Disclaimer of Warranties
EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, THE INFORMATION,
SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THE SITE, INCLUDING,
WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED
ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND. TO THE
MAXIMUM EXTENT PERMITTED BY LAW, 5ER FEST 2005 DISCLAIMS ALL
REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT
TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM
FROM COMPUTER VIRUS, IMPLIED WARRANTIES ARISING FROM COURSE
OF DEALING OR COURSE OF PERFORMANCE OR ANY OTHER WARRANTIES
UNDER ARTICLE 2 OF THE UNIFORM COMMERCIAL CODE. IN ADDITION,
5ER FEST 2005 DOES NOT REPRESENT OR WARRANT THAT THE INFORMATION
ACCESSIBLE VIA THIS SITE IS ACCURATE, COMPLETE OR CURRENT.
PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT
NOTICE.
Limitation on Liability
IN NO EVENT SHALL 5ER FEST 2005 NOR ANY OF ITS AFFILIATES,
AGENTS, REPRESENTATIVES, OR LICENSORS BE LIABLE FOR ANY INDIRECT,
SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR FOR ACTS OF NEGLIGENCE THAT ARE NOT INTENTIONAL
OR RECKLESS IN NATURE, REGARDLESS OF WHETHER 5ER FEST 2005
HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER
THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY
TO USE, OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS,
AND MATERIALS AVAILABLE FROM THE SITE. BECAUSE SOME JURISDICTIONS
DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS,
OR THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY
TO YOU. Total liability hereunder for damages, regardless
of the nature of any claim or form of any action, shall not
exceed the total amount that has been paid to 5er Fest by
such claimant.
Linked Web Sites
5er Fest and its affiliates do not review or monitor any Web
Sites linked to the Site and are not responsible for the content
of any such linked Web Sites. Your use of such Web Sites is
at your own risk.
Governing Law
The Terms and any disputes arising out of or related to use
of the Site including, without limitation, the information,
services, products and materials contained therein, shall
be governed by, and construed and enforced in accordance with,
the laws of the State of Georgia, giving no effect to its
conflicts of law principles.
Venue
You hereby submit to the exclusive jurisdiction of the federal
and state courts of Georgia with respect to any dispute or
controversy regarding these Terms or arising out of or related
to use of the Site and you hereby submit to the personal jurisdiction
in any such action.
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