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Terms and Conditions

Last updated August 11, 2013

 

 

 

 

 

Terms and Conditions

The following Terms and Conditions of Use Agreement ("Agreement") governs the use of the TrueDelta site that offers users information services and participation in the TrueDelta Vehicle Reliability Panel, which conveys some benefits to those who help make TrueDelta's reliability research possible by supplying information about their vehicle(s). By registering as a panel member or by using this site, you hereby agree to be bound by the following terms and conditions. IF YOU DO NOT ACCEPT ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT, PLEASE EXIT THE SITE AND RESIGN FROM THE PANEL. Your failure to comply with the terms and conditions of this Agreement, which is subject to change, may result in termination of your access to the Service and/or removal from the panel at any time. Though TrueDelta will generally provide notice of termination and/or removal from the panel, this is not guaranteed.

TrueDelta reserves the right to change these terms and conditions at any time. Notice of substantial changes will be provided in the periodic email sent to panel members, but it remains the user's responsibility to check this page regularly. By using the site and/or participating in the reliability research, you agree to accept the terms and conditions as they exist at that point in time.

TrueDelta may change or discontinue all or any part of the service, database or content, for any reason, without notice.

TrueDelta has offered that panel members who have been active for six months and continue to supply the requested information about their vehicles will receive access free of charge to the site's reliability information, once this information becomes available. At a minimum panel members who have enrolled a vehicle on which data is being collected must respond to the quarterly odometer reading survey and provide any information specifically requested about their vehicle or themselves. Failure to respond to the quarterly survey and/or provide other explicitly requested information can and likely will result in termination of panel membership. In this case TrueDelta retains the rights to any information the ex-member previously provided.

Marking TrueDelta's email as spam can endanger its delivery to other members, and if done two or more times is thus also grounds for membership termination.

Termination should be expected to be permanent. To maintain data quality TrueDelta cannot tolerate sporadic participation. The reliability research exists to provide the highest quality information to those willing to supply the data necessary to yield this information.

To resign from the panel, use the contact form or reply to one of TrueDelta's emails stating that you want to be removed from the panel and that you understand that this removal (in most cases) will be permanent. Exceptions include situations where the member is simply unable to provide information about their vehicle, either because they no longer own any vehicle or because they will not be driving their vehicle for three or more months. In all cases TrueDelta would like to know the reasons someone is resigning, but these reasons are especially necessary if the member might later want to be reinstated.

It is the member's responsibility to supply TrueDelta at all times with an email address that successfully receives and delivers email from TrueDelta. Lost or blocked email is the member's responsibility. Panel members agree to notify TrueDelta within two months, and hopefully sooner, if they are not receiving the monthly update and survey emails, or if they change their email address.

By joining the panel you agree that, if terminated or if you resign and are removed, you will not seek to re-join using a different email address and/or identity.

You agree that any vehicle number, member number, or password issued in connection with this Site is confidential information. You are responsible for maintaining the confidentiality of these numbers and passwords, and you may not disclose these numbers or passwords to any other person or entity or permit any other person or entity to access TrueDelta by using them. You agree to notify TrueDelta immediately of any unauthorized use of any such information or any other breach of security of which you are aware. You may not use any member number, vehicle number, or password that is not issued directly to you or approved by TrueDelta.

By participating in the panel, you agree to provide the requested information to the best of your ability and to not filter or modify your responses in any way. You also agree to only report on vehicles owned by either you or someone you communicate with frequently and thoroughly enough to be fully aware of any problems with the vehicle. You agree not to fabricate any vehicles or fabricate any information about vehicles that actually exist.

Any malicious and/or systematic attempt to distort or otherwise harm TrueDelta's reliability data--by providing false information or by withholding information-- could cause TrueDelta financial harm. This harm could be directly or indirect. A case of indirect harm would be harming TrueDelta's reputation. TrueDelta reserves the right to take legal action to the fullest extent allowed by law against any individual and/or organization that maliciously and/or systematically attempts to distort or otherwise harm TrueDelta's reliability data and the results that follow from this data, whether or not this attempt is successful. Malice can be present at the time information is provided to TrueDelta, or later when telling others about information provided to or withheld from TrueDelta.

TrueDelta hopes to never take such legal action, does not foresee taking such action, and will never take such action lightly. But many users of the site as well as TrueDelta itself could be harmed by such attempts to distort or otherwise harm TrueDelta's data and the results that follow from this data. So the right to take such action must be reserved.

All of this site's content and the software that provides this content is protected by copyright and other intellectual property laws. This content is owned by TrueDelta. By using this site, you agree that any display of this content is strictly for your personal, noncommercial use. You agree not to modify, reproduce, retransmit, distribute, sell, publish, broadcast, or otherwise use any portion of the content in any other way or for any other purpose without TrueDelta's written consent. You further agree not to provide TrueDelta with any content that infringes the intellectual property rights of a third party.

There are limited exceptions to this rule. Price comparison results can be included in articles printed or published on the Internet, including forum posts, as long as TrueDelta is clearly cited as their source and the results for no more than six models are provided in the same article or series of posts. Reliability information can similarly be republished as long as no more than two stats for no more than three models are mentioned in the same article or thread.

The intent of the above exclusion is to permit writers, professinal and amateur, to use TrueDelta's information to support a broad evaluation of a specific model or related set of models. The exclusion does not apply to any print publication, telephone-based service, website, or business that obtains more than ten percent of its revenue from the direct sale of automobiles and/or from providing leads, directly or through additional parties, to automobile manufacturers or dealers. Wholesale republication of price comparison or reliability information and any use of results in advertising strictly forbidden.

You acknowledge that the site's content includes certain trademarks and service marks owned (but not necessarily registered) by TrueDelta. You agree not to copy, use, or otherwise infringe upon these trademarks or service marks. You further agree that you will not alter or remove any trademark, copyright notice, or other notice from any copies of the content.

Your right to use the site and the information it provides is limited to you and those you live with at the same address. You agree not to provide access to restricted portions of the site (by providing a password or code) to people other than those mentioned above unless this right is specifically granted in writing by TrueDelta.

You agree that you will not attempt to access TrueDelta's servers except through the public site interface or through the use of those encoded links or passwords that TrueDelta provides to you for access to restricted portions of the site. You will not attempt to use an administrator password or otherwise hack into TrueDelta's servers.

You agree not to upload, post, email, transmit or otherwise make available any unauthorized advertising, promotional materials, "spam," chain letters, pyramid schemes, or any other form of unauthorized solicitation.

You may not post violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic or sexually suggestive photos or other content via TrueDelta.

You grant TrueDelta and its users a non-exclusive, royalty-free, transferable, sublicensable, worldwide license to use, store, display, reproduce, re-pin, modify, create derivative works, perform, and distribute your user content on TrueDelta solely for the purposes of operating, developing, providing, and using TrueDelta. Nothing in these Terms shall restrict other legal rights TrueDelta may have to user content, for example under other licenses. We reserve the right to remove or modify user content for any reason, including user content that we believe violates these Terms or our policies.

You agree not to disrupt, modify or interfere with the website or its associated software, hardware and servers in any way, and you agree not to impede or interfere with the use by any other user of the Service. You further agree not to alter or tamper with any information, materials or content on, or associated with, the website.

By placing material on or providing information to TrueDelta, you grant to TrueDelta the royalty-free, perpetual, irrevocable, nonexclusive right and license to use, reproduce, modify, display, and distribute all such materials in any form, media, software or technology of any kind now existing or developed in the future. You also agree to indemnify and hold TrueDelta harmless against any claims or costs, including attorneys' fees, arising from the use or distribution of those materials. Some limitations to this right are spelled out in the TrueDelta Privacy Policy.

TrueDelta seeks to make the information it provides error free, but every website contains errors and TrueDelta is no exception. This site contains errors. By using this site and/or participating in TrueDelta's research you agree not to hold TrueDelta liable for any damages caused by these errors.

TrueDelta also seeks to keep its information up-to-date, but prices change often, and there is usually a lag before the updated prices are entered into TrueDelta's database. TrueDelta also alters the values ascribed to features and which features are included in the feature-adjusted calculations as suggested by changes in option prices and the availability of information about features. By using this site you accept these possibilities.

GENERAL DISCLAIMER AND LIMITATION OF LIABILITY. YOU AGREE THAT USE OF THE SERVICE IS AT YOUR OWN RISK. NEITHER TRUEDELTA, NOR ANY OF ITS EMPLOYEES, AGENTS, ADVERTISERS, OR LICENSORS, MAKES ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE SERVICE, THE CONTENT, ANY ADVERTISING MATERIAL OR THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE SERVICE. THE SERVICE IS PROVIDED ON AN "AS IS" BASIS, AND TRUEDELTA SPECIFICALLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OF MERCHANTABILITY OR WARRANTIES AGAINST INFRINGEMENT.

TRUEDELTA, ITS AFFILIATES, EMPLOYEES, AGENTS, CONTENT PROVIDERS, ADVERTISERS, AND LICENSORS SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, RESULTING FROM OR CAUSED BY THE SERVICE OR ITS CONTENT, INCLUDING, WITHOUT LIMITATION, LOSSES RELATED TO: YOUR USE OR INABILITY TO USE THE SERVICE; ANY ERRORS, OMISSIONS OR DEFECTS IN THE CONTENT; OR ANY INTERRUPTIONS, DELAYS IN TRANSMISSION OR COMPUTER VIRUSES. IN ANY EVENT, ANY LIABILITY OF TRUEDELTA, ITS EMPLOYEES, AGENTS, CONTENT PROVIDERS, ADVERTISERS AND LICENSORS SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO THE SERVICE IN THE 12 MONTHS PRIOR TO THE CLAIMED INJURY OR DAMAGE.

These Terms of Service will be governed by and construed in accordance with the laws of the State of Michigan, without regard to its conflicts of law provisions. You hereby agree that any cause of action you may have with respect to TrueDelta must be filed in the federal or state courts located in Michigan, within one year after the cause of action arises or the cause is barred.