Terms of Service
ALL Users must read and agree to these Terms of Service before using
This web site is dedicated to vehicles, auto repair, and driving, an activity which is inherently dangerous. You should not depend
on information gleaned from this site for your personal safety. Your
safety depends upon your own judgment based on competent instruction,
experience, and a realistic assessment of ability.
THERE ARE NO WARRANTIES, EITHER EXPRESSED OR IMPLIED, THAT THE INFORMATION ON THIS WEBSITE IS ACCURATE AND/OR RELIABLE. YOUR USE OF THIS SITE INDICATES YOUR ASSUMPTION OF THAT RISK OF DEATH OR SERIOUS INJURY AND IS AN ACKNOWLEDGEMENT OF YOUR OWN SOLE RESPONSIBILTY FOR YOUR SAFETY.
The following terms and conditions are
in reference to the cherokeeforum.com web site and discussion board
(www.cherokeeforum.com), herein referred to as "Cherokee Forum". These terms and conditions apply to all sites, services,
and resources within the Cherokee Forum.
1. ACCEPTANCE OF TERMS
Cherokee Forum provides its service
to you, subject to the following Terms of Service (referred to as "TOS"),
which may be updated by us from time to time without notice. You may
review the most current version of the TOS at any time at: http://www.cherokeeforum.com/faq.php.
In addition, when using particular Cherokee Forum services, you shall
be subject to any posted guidelines or rules applicable to such services.
2. DESCRIPTION OF SERVICE
Cherokee Forum provides users with access
to informational resources including communication and interactive resources
pertaining to Jeep Cherokees. Under no circumstances shall
Cherokee Forum be liable to any user on account of that user's use
or misuse of the site or reliance on the site. Such limitation of liability
shall apply to prevent recovery of direct, indirect, incidental, consequential,
special, punitive and exemplary damages (even if Cherokee Forum
has been advised of the possibility of such damages). Such limitation
of liability shall apply whether the damages arise from use or misuse
of the site or reliance on the site, from inability to use the site,
or from the interruption, suspension, or termination of the site or
services offered on the site (including such damages incurred by third
Such limitation shall also apply with
respect to damages incurred by reason of other services or goods received
through or advertised on the site or received through any links provided
on the site. Such limitation shall apply, without limitation,
to the costs of procurement of substitute goods or services, lost profits,
or lost data. These limitations shall apply notwithstanding any failure
of essential purpose of any limited remedy. Cherokee Forum makes no
warranties as to the accuracy of its information and due to the volatile
nature of the information contained within Cherokee Forum,
Cherokee Forum cannot
screen or authenticate
articles, posts, listings or other information.
3. TERMS OF MEMBERSHIP & USAGE RESTRICTIONS
a) Membership is generally available
to any person at least 13 years old who registers
and accurately provides all the required information, provides a legitimate
electronic mail address and obtains a unique Cherokee Forum member
name and password; however, Cherokee Forum reserves the right to deny
membership to any person, for any reason, with or without cause. Membership
is non-transferable. The use of web-based email accounts may be denied
due to abuse.
b) All membership information must be
accurate and belong to the person registering. Invalid, incomplete,
or falsified information can result in: the immediate termination of
all membership privileges for that user; the user being permanently
banned; and/or restricting the user from using any of Cherokee Forumís (or any affiliated
website) services at any time.
c) Usage of this site is restricted to
persons at least 13 years old. Any person at
least 13 years old, but still a minor, may only use this site in conjunction
with a parent or guardian.
d) Cherokee Forum is not responsible
for the content of any member's posts, and the views expressed on Cherokee Forum are the responsibility of the posting member and not Cherokee Forum. Cherokee Forum does not preview member posts
before they appear on the site. Any link posted to a third-party internet
address does not imply an endorsement of that site or its content by
e) Cherokee Forum forums are for the
discussion of Jeep Cherokees and related topics. While the administrators
and moderators of Cherokee Forum will attempt to keep all off-topic
messages off this forum, it is impossible for us to review all messages.
All messages express the views of the author, and the
owners, administrators, and moderators of Cherokee Forum will not be held responsible for the content
of any message.
f) Cherokee Forum forums may contain
As a condition of buying and selling items listed in any forum of Cherokee Forum, Buyer and Seller agree that Cherokee Forum is not brokering or
otherwise participating in any purchase or sale. Cherokee Forum has
no knowledge of the terms of sale, the condition of any items offered
for sale, the accuracy of any aspect of the sale or the use to which
any item shall be put. Buyer assumes all responsibility for proper use
of any item so purchased. Buyer acknowledges that improper use of some
or all of the items offered for sale on Cherokee Forum may cause serious
injury or death. Buyer shall seek qualified assistance and instruction
in the use of all items purchased. Users may not post links to any off-site
ďfor-saleĒ items or any auctions.
h) Pornography of any type is not allowed.
i) The owners, administrators, and moderators
of Cherokee Forum reserve the right to remove, edit,
move or close any thread for any reason, and the right to suspend or
delete any user account for any reason, with or without cause.
j) Membership in Cherokee Forum is a
privilege, not a right. We reserve the right to deny service to any
person, at any time, for any reason, with or without cause.
4. INTELLECTUAL PROPERTY
It is the policy of Cherokee Forum to
respond expeditiously to claims of intellectual property infringement.
Cherokee Forum will promptly process and investigate notices of alleged
infringement and will take appropriate actions under the Digital Millennium
Copyright Act ("DMCA"). Should a violation of intellectual
property be discovered, the document(s) or messages in such violation
will be removed in a timely manner after any and all investigating has
been completed to prove the authenticity of such a claim. The designated
agent for receiving DMCA notices is Nathan Wingate (name) who can be
contacted at 13492 Research BLVD, Suite 120 PMB 253, Austin, TX 78613(address) or via email [email protected].
5. PUBLIC CONTENT ON Cherokee Forum
Any and all content posted for inclusion
in publicly accessible areas of Cherokee Forum are the responsibility
of the creator. Cherokee Forum makes no claims or warranties about
such information or its authenticity. Upon posting any content on Cherokee Forum, you grant Cherokee Forum the non-exclusive right to publish,
modify and use such content solely for the purpose of displaying such
6. DISABLING ACCOUNTS
Upon written request, Cherokee Forum
will disable your account. In an effort to safeguard userís accounts,
we may require validation of the request to disable the account.
For accounts with no posts, the account can be completely deleted from
the system. For accounts with posts, Cherokee Forum will disable the
account; however, Cherokee Forum, in its sole and absolute discretion,
may choose to not remove posts attributed to the account. Cherokee Forum will evaluate each request to remove posts on an individual basis.
As a way of description and not of limitation, some of the factors used
in evaluationg whether to remove a userís posts are: the number of
posts, the length of any posts, the potential impact on the forum and/or
thread continuity, the age of posts, the age of the account, etc. Generally, a user is banned as a result of
a request to disable. Upon request, Cherokee Forum may, at its sole
and absolute discretion, reinstate a previously disabled account. Notwithstanding
anything to the contrary contained in this paragraph, Cherokee Forum
reserves the right to retain information about disabled accounts, which
may include user information, in an effort to curb and/or combat illicit
activity and to aid in civil and criminal legal matters.
7. THE ROLE OF MODERATORS
Moderators are an important part of Cherokee Forum. Moderators are established
members who have exhibited a knowledge and adherence to the forum rules and attempt to keep Cherokee Forum
civil and spam free. However, Moderators
do not work for or represent Cherokee Forum,
or its parent company. Moderators words and
actions are their own. Any concerns over Moderator action,
or inaction, should be reported to a Cherokee Forum administrator
at [email protected]
8. LIMITATION OF RE-USE
You agree not to reproduce, duplicate,
copy, sell, resell or exploit, for any purpose whatsoever, whether commercial
any portion of the services or content contained within Cherokee Forum
and/or its subsidiary sites. In order to use any content, graphical
art, photos or files owned by or published by Cherokee Forum, express written authorization must be obtained from Cherokee Forum.
9. LEGAL RESTRICTIONS
This agreement shall be constructed and
controlled by the laws of the State of Virginia, without regard to its
conflict of law provisions. Any dispute arising hereunder will be governed
by the laws of the State of Virginia. Each member
and/or user EXPRESSLY agrees to personal jurisdiction
IN AND to the courts of the State
Cherokee Forum reserves the right to
change, modify or update this TOS agreement at any time without notification.
Membership in and the use of resources contained within Cherokee Forum constitutes full agreement and acknowledgement of the restrictions,
limitations and terms set forth in this agreement.