Read This Terms of Use Agreement Before Accessing NSX Prime.
Effective Date: This Terms of Use Agreement was last
updated on April 8, 2023.
This Terms of Use
Agreement sets forth the standards of use of the website (including, without
limitation, the web forum) for registered Members. By accessing, registering,
logging into, posting a message and/or otherwise using the website
www.nsxprime.com (“NSX Prime”) you (the “User”) agree to be bound to these
terms and conditions. If you do not agree to the terms and conditions of this
agreement, you should immediately cease all usage of this website. We reserve
the right, at any time, to modify, alter, or update the terms and conditions of
this agreement without prior notice and in our sole discretion.
Modifications to
this Terms of Use shall become effective immediately upon being posted on NSX
Prime. Your continued use of the Service after amendments are posted
constitutes an acknowledgement and acceptance of the Agreement and its
modifications. Except as provided in this paragraph, this Agreement may not be
amended or otherwise modified.
1. Description of Service
NSX Prime
provides its Users with automotive-related website interaction. User must
provide (1) all equipment necessary for their own Internet connection,
including computer and modem and (2) provide for User’s access to the Internet,
and (3) pay any fees relate with such connection.
2. Members Account
Upon completing
the registration process, a User will be considered a Member of the Service.
Members will receive a password and an account. Members are entirely
responsible for any and all activities which occur under their account whether
authorized or not authorized. Member agrees to notify NSX Prime of any
unauthorized use of Member’s account or any other breach of security known or
should be known to the Member. Member’s right to use the Service is personal to
the Member. Member agrees not to resell or make any commercial use of the
Service without the express written consent of NSX Prime.
Non-registered
Users will have access to view the website content generally, but are unable to
post in any forum and may be restricted from viewing certain forums.
Members will have
access to view the website content generally and are able to post in most
forums, but they may be restricted from viewing or posting in certain forums.
Certain forums
may require verified proof of NSX ownership in order for Members to view and/or
post in that forum. Please contact the
site administrator at [email protected] for further action.
The NSX Prime
site owner, administrators and forum moderators have access to all of the
website content and may post in any forum.
Members may
voluntarily contribute to the maintenance and support of the Service by signing
up for a site subscription. Site
subscription status will permit the Member to exercise certain privileges with
respect to classified ads, restricted forum access, special content access and
other privileges as may be determined by NSX Prime from time to time in its
sole discretion. Site subscriptions are
for an annual membership that expires one (1) year after payment, or the Member
can select an automatically renewing subscription. The subscription levels are:
●
Emperor - $1,000
●
Hero - $500
●
Champion - $250
●
Patron - $100
●
Platinum - $50
●
Gold - $25
3. Member Conduct
As a registered
Member, you agree not to do any of the following while using the Service:
1.
transmit any message, information, data, text or other materials
("Content") that is unlawful, harmful, threatening, abusive,
harassing, tortious, defamatory, vulgar, obscene, libelous, that may be
invasive of another's privacy, hateful, racially, ethnically or otherwise
objectionable;
2.
impersonate any person or entity, including but not limited to,
NSX Prime moderators or administrators, or falsely state or otherwise
misrepresent your affiliation with a person or entity;
3.
post or transmit any software or graphic files on NSX Prime or
transmit any Content that you do not have a right to transmit under any law or
under contractual or fiduciary relationships (such as nondisclosure
agreements);
4.
post or transmit any unsolicited advertising, promotional
materials, "junk mail", "spam", "chain letters",
"pyramid schemes", or any other form of solicitation on NSX Prime;
5.
intentionally or unintentionally violate any applicable local,
state, national or international law, and any regulations having the force of
law while using or accessing NSX Prime; and
6.
upload or transmit any Content that infringes any patent,
trademark, trade secret, copyright or other proprietary rights
("Rights") of any party. By submitting Content to NSX Prime, you
automatically grant, (or warrant that the owner of such Content has expressly
granted) NSX Prime the royalty-free, perpetual, assignable and sublicensable
right and license to use, reproduce, modify, adapt, publish, translate, create
derivative works from, distribute, perform and display such Content (in whole
or part) worldwide and/or to incorporate it in other works in any form, media,
or technology now known or later developed.
1.
No "Flaming": Please do not post any messages that
harass, insult, belittle, threaten or flame another user.
2.
No "Trolling": Please do not post any topic that
disrupts the peace and harmony of this community. Don't create meaningless
threads or posts with the sole purpose of starting a dispute, upsetting forum
Members or lodging empty criticism. Don’t create threads/posts that do nothing
to further productive discussion. This includes messages in profiles and
signatures.
3.
No "Spamming": Please do not double post or cross-post
the same message in multiple forums. You will not mass-PM or mass-email
multiple members of this community the same message. You will not post for the
sake of increasing views, clicks, or post count. You will not post outside
links or content without having been involved in multiple discussions or
otherwise demonstrating your positive involvement with the community.
4.
No "Offensive" Posts, Links or Images: Please do not
post any messages that are obscene, vulgar, sexually-orientated, hateful,
threatening, racist, sexist, discriminatory, or otherwise in violation of any
applicable laws. This includes links in your signature, profile, bookmarks as
well as posted images, photos and avatars. No circumventing the censor system.
Moderators will ultimately decide if something is appropriate or not.
5.
No "Personal" Information: Unless specifically
authorized by NSX Prime, please do not post an individual’s name, address,
phone, email, private communications, or other information without the
individual’s permission.
6.
No "Out of Bounds" Posts: It is the policy of NSX Prime
to "contain" some types of posts versus complete censorship. We may
dedicate certain topics to specific forums.
7.
No "Spoiler" Thread Titles: Please don't put spoilers in
thread, post, or other content titles.
8.
No "Alias" User Accounts: Only one user account is
allowed per individual regardless of reason. If another account is found when
the original account is under a ban, then both accounts will be permanently
banned and person will not be allowed to re-register.
We strongly encourage you to help
improve this community by following the rules and reporting those that do not.
Please report any and all content/users that you find break the above rules.
NSX Prime, its
site administrators and moderators shall have the right in their sole
discretion to edit, refuse to post, or remove any Content posted on NSX Prime
and to move Content to other areas of NSX Prime, without notice and for any
reason. Without limiting the foregoing, NSX Prime, its site administrators and
moderators shall have the right to remove any Content that is in violation of
the provisions hereof or otherwise objectionable. You agree to indemnify and
hold NSX Prime harmless from any claim or demand, including reasonable
attorneys' fees, made by any third party due to or arising out of your
violation of these terms and conditions or your violation of any rights of
another.
4. Classified Ads
4. No Vendors,
sponsors, dealers, brokers, or any other commercial party may list ads in the
individual classified sections. However,
site Vendors are permitted to respond to “wanted” ads
in the individual classified sections.
5. "Bumps" which
are the use of non-meaningful posts such as: "bump", "still
available", "great deal", "unique item",
"anyone?", etc. must be limited to once every 30 calendar days. Members are only permitted to refresh their
ad prior to the 30-day limit by posting substantive new information, new
pictures, or a meaningful change to a sale parameter, such as price or terms. For
example by posting "Price reduced from $200 to
$175", "Shipping and handling now at my expense", etc. Replying
to questions or comments from interested parties does not count against the
30-day post limit.
5. General Classified Rules and Guidelines
6. Vendors
●
Cottage Vendors – Vendors who are
operating as a “hobbyist”:
o
Only
sell their own products or services;
o
Provide
products/service “on the side” primarily for the
benefit of the NSX community;
o
No
additional staff;
o
Operate
out of their home;
o
Very
limited / focused products or service (e.g. custom
interior trim pieces or re-manufacturing a specific part); and
o
Exclusively
NSX products or service.
●
Full Vendors – Vendors who are
operating primarily as a commercial enterprise under the following conditions:
o
Resell
products or services from others;
o
One
or more people working full time;
o
Dedicated
business location;
o
Many
different types of parts or services (e.g. wheels to
superchargers to body kits); and
o
May
sell non-NSX products or services.
2. Annual subscription: In
order to list their products/services for sale on the site, all NSX Prime
Vendors must pay an annual subscription fee (set forth below) to help offset
site operating costs. If an auto-renewal
is not selected, the subscription will expire one (1) calendar year after
activation. In the event a Vendor subscription is not renewed, the Vendor’s product threads will
be closed and/or removed from the site.
Vendors will have a fourteen (14) calendar day grace period to renew their subscription. NSX Prime will work with Vendors in good
faith, including, among other things, sending reminders and, if applicable,
applying additional grace periods in NSX Prime’s sole discretion.
●
Cottage Vendors: $100 (Equivalent to “Patron” subscription level)
●
Full Vendors: $500 (Equivalent to “Hero” subscription level)
a. Vendors are permitted to
create a new thread in the Vendor classified forum in order to introduce a new
product or service. Due to the small
number of products they sell, Cottage Vendors may
utilize this thread for all purposes, including “bumping” (as defined in
Section 4.5 above) once every 30 calendar days. For Full Vendors, after the introductory
product post, such threads may only be updated for the purpose of (1) asking or
answering a specific question about the product/service; (2) Member reviews of the product/service; or (3)
announce updates/improvements to the product (version 2, etc.). Vendors should NOT
update the individual product thread for the purpose of “bumping,” as this
behavior unfairly crowds out other Vendors from the visible forum space.
b. Vendors should have a
single “Vendor Thread” for the purpose of advertising their business on the
site. The thread may contain
descriptions of all of their products/services, links to the product
introductory thread, and/or links to their website page(s) to any level of
detail in the Vendor’s discretion.
Vendors may use this thread to add new products (after the introductory
post described in Section 3.a above), announce sales, group buys, etc. Vendors ARE permitted to “bump” this thread
every 30 calendar days for forum exposure.
c. While they may freely post
and participate in the site forums as Members for general discussion purposes,
Vendors are also permitted to post solicitation/interest threads in the
non-commercial forums for prospective new products or services. These threads may be updated as product
development continues. Once a Vendor
begins selling the new product or service, moderators will move the thread to the
Vendor section as an individual product thread (unless the Vendor desires to
create a new product thread), where it will be subject to the rules set forth
above.
a.
NSX
Prime is a highly focused forum exclusively about the Honda/Acura NSX, so
everything advertised here must be NSX-related. For example, wheels here must
be appropriate NSX fitment.
b.
Commercial
posts are restricted to the Vendor forum. Exceptions must be individually
approved by the site administrator.
c.
Vendor
forum signatures must be enabled and the first line is reserved for a link to
the Vendor’s NSX Prime vendor page once the application is approved. Please do
not change the format of the link or add other content to the first line of the
signature.
d.
All
group buys must use the mandatory group buy template.
7. Corrective Action
In response to a
violation of any of the terms and conditions set forth herein, or for any other
reason, NSX Prime may ban, suspend or otherwise restrict access to the Service
without warning, explanation, or appeal, at the sole discretion of the website's
owner, administrators and moderation team (“Corrective Action”). NSX Prime understands that some users may not
be aware of our community rules and are otherwise good users. Our moderation
team will try to warn users, but for serious violations and for users that have
been previously warned, Corrective Action may be implemented ranging from 1 day
to permanent.
8. Modifications and Interruption to Service
NSX Prime
reserves the right to modify or discontinue the Service with or without notice
to the Member. NSX Prime shall not be liable to Member or any third party
should NSX Prime exercise its right to modify or discontinue the Service.
Member acknowledges and accepts that NSX Prime does not guarantee continuous,
uninterrupted or secure access to our website and operation of our website may
be interfered with or adversely affected by numerous factors or circumstances
outside of our control.
9. Third-Party Sites
Our website may
include links to other websites on the Internet that are owned and operated by
online merchants and other third parties. You acknowledge that we are not
responsible for the availability of, or the content located on or through, any
third-party site. You should contact the site administrator or webmaster for
those third-party sites if you have any concerns regarding such links or the
content located on such sites. Your use of those third-party sites is subject
to the terms of use and privacy policies of each site, and we are not
responsible therein. We encourage all Members to review said privacy policies
of third-parties’ sites.
10. Statement of Independence and Non-Affiliation
NSX Prime is an
independently owned and operated website. This website is NOT affiliated in any way
with Honda Motor Co., Ltd. or the Acura Division of American Honda Motor Co.,
Inc., the NSX Club of America (NSXCA), or any other business or organization.
The representations expressed within this website are those of the individual
posting the message and do not necessarily reflect the opinions and viewpoints
of the web site administrator or Honda Motor Co., Ltd. or the Acura Division of
American Honda Motor Co., Inc. The information, ideas, and activities set forth
in site should not be construed as being endorsed by the site owner,
administrators, moderators, Honda Motor Co., Ltd. or the Acura Division of
American Honda Motor Co., Inc. for any purpose.
11. Disclaimer of Warranties
The site is
provided by NSX Prime on an “as is” and on an “as available” basis. To the
fullest extent permitted by applicable law, NSX Prime makes no representations
or warranties of any kind, express or implied, regarding the use or the results
of this web site in terms of its correctness, accuracy, reliability, or
otherwise. NSX Prime shall have no liability for any interruptions in the use
of this website. NSX Prime disclaims all warranties with regard to the
information provided, including the implied warranties of merchantability and
fitness for a particular purpose, and non-infringement. Some jurisdictions do
not allow the exclusion of implied warranties,
therefore the above-referenced exclusion is inapplicable.
Information on
any part of the NSX Prime website, including the message forums and wiki
system, are the sole responsibility and views of the author, not the site
administrator or owner. The owner and administrator of NSX Prime cannot and
does not attempt to verify the accuracy of information posted, and does not
even review all of the information posted. Information on this web site may be
dangerous, incorrect, contain technical inaccuracies or typographical errors.
Information may be changed or updated without notice.
12. Limitation of Liability
NSX PRIME SHALL NOT BE LIABLE FOR ANY
DAMAGES WHATSOEVER, AND IN PARTICULAR NSX PRIME SHALL NOT BE LIABLE FOR ANY
SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST
PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEB
SITE, THE FORUM (MESSAGE BOARD), THE WIKI SYSTEM, OR THE INFORMATION CONTAINED
IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE,
IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF NSX PRIME HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION
OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE
SOME OF THE ABOVE LIMITATIONS IS INAPPLICABLE.
13. Indemnification
User agrees to
indemnify and hold NSX Prime, its parents, subsidiaries, affiliates, officers
and employees, harmless from any claim or demand, including reasonable
attorneys’ fees and costs, made by any third party due to or arising out of
User’s use of the Service, the violation of this Agreement, or infringement by
User, or other user of the Service using User’s computer, of any intellectual
property or any other right of any person or entity.
14. Disclaimer Regarding Accuracy of Vendor Information
Product
specifications and other information have either been provided by the Vendors
or collected from publicly available sources. NSX Prime can make no
representations or warranties as to the accuracy or reliability of any
information provided on this website. NSX Prime makes no warranties or
representations whatsoever with regard to any product provided or offered by
any Vendor, and you acknowledge that any reliance on representations and
warranties provided by any Vendor shall be at your own risk. NSX Prime makes no
warranties or representations whatsoever with regard to the business conduct of
any Vendor, and you acknowledge that any business into which you enter with any
Vendor is entirely at your own risk.
15. Compliance with Laws.
User assumes all
knowledge of applicable law and is responsible for compliance with any such
laws. User may not use the Service in any way that violates applicable state,
federal, or international laws, regulations or other government requirements.
User further agrees not to transmit any material that encourages conduct that
could constitute a criminal offense, give rise to civil liability or otherwise
violate any applicable local, state, national, or international law or
regulation.
16. Copyright and Trademark Information
All content
included or available on this site, including site design, text, graphics,
interfaces, and the selection and arrangements thereof is © 1997 - 2022 NSX
Prime, will all rights reserved, or is the property of
NSX Prime and/or third parties protected by intellectual property rights. Any
use of materials on the website, including reproduction for purposes other than
those noted above, modification, distribution, or replication, any form of data
extraction or data mining, or other commercial exploitation of any kind,
without prior written permission of an authorized officer of NSX Prime is
strictly prohibited. Users agree that they will not use any robot, spider, or
other automatic device, or manual process to monitor or copy our web pages or
the content contained therein without prior written permission of an authorized
officer of NSX Prime. NSX Prime's logos may not be used in connection with any
product or service that is not provided by NSX Prime, in any manner that is
likely to cause confusion among customers, or in any manner that disparages or
discredits NSX Prime.
All other
trademarks displayed on NSX Prime's websites are the trademarks of their
respective owners, and constitute neither an endorsement nor a recommendation
of those Vendors. In addition, such use of trademarks or links to the web sites
of Vendors is not intended to imply, directly or indirectly, that those Vendors
endorse or have any affiliation with NSX Prime. "NSX",
"Acura", the Honda logo and the Acura logo are registered trademarks
of Honda Motor Co., Ltd.
17. Other Terms
If any provision
of this Terms of Use Agreement shall be unlawful, void or unenforceable for any
reason, the other provisions (and any partially-enforceable provision) shall
not be affected thereby and shall remain valid and enforceable to the maximum
possible extent.
You agree that
this Terms of Use Agreement and any other agreements referenced herein may be
assigned by NSX Prime, in our sole discretion, to a third party in the event of
a merger or acquisition. This Terms of Use Agreement shall apply in addition
to, and shall not be superseded by, any other written agreement between us in
relation to your participation as a Member. Member agrees that by accepting
this Terms of Use Agreement, Member is consenting to the use and disclosure of
their personally identifiable information and other practices described in our
Privacy Policy Statement [if applicable].