Legal Notice - Code 3 Garage

Welcome to the Code 3 Garage (www.code3garage.com) web site — owned and operated by 959 Media LLC. This Terms of Use (“Terms” or “Agreement”) is for the users, members, customers, and others who visit and use Code 3 Garage (collectively or individually, “Members”).

‘Code 3 Garage’ and its logo are Service Marks owned by 959 Media LLC.

Disclaimer:

NOTICE: Code 3 Garage is an enthusiast site for collectors and enthusiasts of emergency vehicles and or equipment.

Any vehicle shown that is represented as any type of emergency or public safety vehicle is believed to be doing so legally. This includes vehicles that have been restored to preserve their history or the history of the organization / agency they represent.

Code 3 Garage does not condone any activity that impersonates a government or public official and or violates the public trust in any way.

Activities and vehicle or equipment modifications appearing or described at Code 3 Garage and it’s pages may be potentially dangerous. We do not endorse any such activity for others or recommend it to any particular person – we simply describe the experiences and opinions of other enthusiasts. If you choose to engage in these activities, it is by your own free will and at your own risk. Use good judgment when engaging in any activity or making any modifications. Do not take unwise risks. Consult a certified professional if you are not sure of something.

Code 3 Garage and the authors of these articles assume no liability for how any particular individual chooses to use the information presented here.

PLEASE READ CAREFULLY THE FOLLOWING TERMS OF USE. By accessing, browsing, using and or registering for Code 3 Garage, acknowledges that you have read, understood, and agree to be bound by the following terms, including any guidelines and future modifications (collectively, the “TERMS”). If you do not agree to these Terms, then please do not use Code 3 Garage.

1. Privacy Notice:

Your privacy is important to Code 3 Garage. Never display any personal information that could be used to find you in real life. For example, your full real name, mailing or home address, or phone numbers.

1.1 Cookies: The Code 3 Garage forum uses ‘cookies’ to identify you and keep you logged in to the forum as you browse the forum or upon returning to the forum from a previous session.

1.2 Email: Code 3 Garage may use your email address, without further consent, for administrative purposes such as sending you account activation and “welcome” emails, notifying you of major updates, for customer service purposes, for email notifications you sign up for, or to contact you regarding any activities in which you are presently participating.

1.3 Member Information: Code 3 Garage may disclose Member Information if required to do so by law or in the good-faith belief that such action is necessary to comply with state and federal laws (such as U.S. Copyright law) or respond to a court order, judicial or other government subpoena, or warrant. We may make such disclosures, in some cases, without providing Members notice. Code 3 Garage also reserves the right to disclose Member Information that we believe, in good faith, is appropriate or necessary to take precautions against liability; protect Code 3 Garage from fraudulent, abusive, or unlawful uses; to investigate and defend ourselves against any third-party claims or allegations; to assist government enforcement agencies; to protect the security or integrity of Code 3 Garage; and to protect the rights, property, or personal safety of our Members or other persons.

1.4 Outside Links: Code 3 Garage may offer links to other sites. Any time you click on a link and are transported to another site, you should be aware that the other site may have a different privacy policy than Code 3 Garage. We cannot control the policies of other sites. At times we may provide links to manufacturers and additional information on products.

1.5 Online Transactions: Code 3 Garage may accepts check, money order or Paypal for subscriptions, or other products. When using Paypal or credit cards, Verisign, a leader in online credit card transactions and security, is used for payment processing. To find out more about Paypal’s security, click HERE. Code 3 Garage does not store or share personal or financial information gathered during these transactions.

1.6 Google And Other Advertisers: Code 3 Garage uses third-party advertising companies to serve ads when you visit our website. These companies may use information (not including your name, address, email address, or telephone number) about your visits to this and other websites in order to provide advertisements about goods and services of interest to you. If you would like more information about this practice and to know your choices about not having this information used by these companies, click HERE.

1.4 Amazon: As an Amazon Associate the owner of this site earns from qualifying purchases through The Ranger Station’s online store.

2. Individual Features and Services:

When using Code 3 Garage, you will be subject to any additional posted guidelines or rules including, but not limited to, the forum rules, announcements, or sticky found in the forums, which are applicable to specific activities and features which may be posted from time to time.

3. Modification of these Terms:

Code 3 Garage reserves the right to, at our discretion, change, modify, add, or remove portions of these Terms at any time. Please check these Terms and any guidelines periodically for changes. Your continued use of Code 3 Garage after the posting of changes constitutes your binding acceptance of such changes. For any material changes to these Terms, such amended terms will automatically be effective at the time they are initially posted on Code 3 Garage. A notice of change will be placed in the forum.

4. Prohibited Conduct:

By using Code 3 Garage you agree to not:

Discuss illegal activities. Some examples would be promoting crimes, violence, drug use, stealing music, videos, software, etc.
Discuss any use of any emergency equipment or vehicle being used in a manner that is in violation of the law, or violates the public trust.
Falsely represent yourself as being part of any government, public, or private organization that you do not belong to.
Promote racism or discrimination
Stalk, harass, threaten, or defraud other members.
Send, post, or make available pornographic, threatening, embarrassing, hateful, racially or ethnically insulting, libelous, or otherwise inappropriate messages.
Make unsolicited offers, advertisements, proposals, chain letters, or send junk mail, to other Members.
Impersonate another person or access another member’s account without permission.
Fail to deliver payment for any purchases made on Code 3 Garage.
Fail to deliver any item sold at Code 3 Garage upon receiving payment.
Undercut another member by posting that you have the same part for a lower price in another members ‘For Sale’ forum thread.
Share Code 3 Garage passwords with anyone or encourage another member to do so.
Misrepresent the source, identity, or content of information found or placed at Code 3 Garage. For example, claiming a created work as your own that is not yours.
Use Code 3 Garage for any illegal purpose.
Interfere with any security-related features of Code 3 Garage.
Intentionally interfere with the operation of Code 3 Garage or any member’s enjoyment of it, or intentionally post inflammatory statements to get responses (“Trolling”).

5. Account Eligibility:

Code 3 Garage is not available to persons under the age of 18 or to any Members suspended or removed from Code 3 Garage by the Code 3 Garage administrator or forum moderator. You agree that the information you provide to Code 3 Garage on member registration and, at all other times, will be true, accurate, current and complete. You also agree that you will ensure that this information is kept accurate and up-to-date at all times.

6. Password:

When you register as a member you will be asked to provide a password. As you will be responsible for all activities that occur under your password, you should keep your password confidential. You are solely responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If you have reason to believe that your account is no longer secure (for example, in the event of a loss, theft or unauthorized disclosure or use of your password, or any credit, debit or charge card number), you will immediately notify Code 3 Garage. You may be liable for the losses incurred by Code 3 Garage or others due to any unauthorized use of your account.

7. Ownership; Proprietary Rights:

Code 3 Garage is owned and operated by 959 Media LLC. The visual interfaces, graphics, design, compilation, information, computer code, products, software, services, and all other elements of Code 3 Garage provided by Code 3 Garage, including without limitation any artwork, Code 3 Garage virtual items, Code 3 Garage member online accounts or user IDs, or visual art and any combination thereof (all of the foregoing, collectively, the “Materials”) are protected by United States copyright, trade dress, patent, servicemark and trademark laws, international conventions, and all other relevant intellectual property and proprietary rights, and applicable laws. Except for any Member Submissions, which are owned by and provided by our Members, all Materials contained on Code 3 Garage are the property of Code 3 Garage or its subsidiaries or affiliated companies and/or third-party licensors. All trademarks, service marks, and trade names are proprietary to Code 3 Garage or its affiliates and/or third-party licensors. Except as expressly authorized by Code 3 Garage, you agree not to buy, sell, license, distribute, copy, modify, publicly perform or display, transmit, publish, edit, adapt, create derivative works from, or otherwise make any unauthorized or commercial use of the Materials.

All logos, trademarks, servicemarks, or other photos, graphics, or artwork that represent a manufacturer or product are the property of the owner(s) they represent, and are used purely for reference. Code 3 Garage does not claim any connection or affiliation with any company that it displays at Code 3 Garage.

All information submitted to Code 3 Garage, posted in the Code 3 Garage forums, or found on the Code 3 Garage website is the property of Code 3 Garage and is protected by United States Copyright laws. Persons submitting information to Code 3 Garage shall retain ownership of the information with a license granted to Code 3 garage for use. See Member Submissions below.

8. Technical Information; Disclaimer:

9. Member Submissions:

Definition of Member Submissions: Submissions shall include any information or photos posted in our forums, submitted to the photo galleries, sent to Code 3 Garage or it’s forum administrator or moderators, or uploaded as attachments to Code 3 Garage. Code 3 Garage does not guarantee that any such submission will be published and does not guarantee any confidentiality with respect to any Member Submissions. The submitter does not have to be a forum member to be considered a ‘Member’ under these rules.

Ownership, Limited License Grants: Member’s retain all ownership rights in their Member Submissions.

9.1. Limited License Grant to Code 3 Garage: By submitting Member Submissions to Code 3 Garage, you hereby grant to Code 3 Garage, a worldwide, non-exclusive, assignable, fully paid-up, and royalty-free license to display, reproduce, distribute and perform (if applicable) your Member Submissions within Code 3 Garage in any media formats and through any media channels. This license does not grant Code 3 Garage the right, except in providing Code 3 Garage service, to use your Member Submissions for any other commercial purposes.

9.2. Required Rights in Member Submissions: You shall be solely responsible for your own Member Submissions and the consequences of posting or publishing them. In connection with Member Submissions, you affirm, represent and/or warrant that:

(1) you own, or have the necessary licenses, rights, consents, and permissions to use and to authorize Code 3 Garage and Code 3 Garage’s Members to use your Member Submissions as necessary to exercise the license granted by you in Section 9.1 above and

(2) you have the written consent, release, and/or permission of each and every identifiable individual person in any Member Submissions to use the name or likeness of each and every such identifiable individual person, to enable inclusion and use of the Member Submissions in the manner contemplated by Code 3 Garage and these Terms.

9.3. Member Submissions Representations: In connection with Member Submissions, you further agree that you will not:

(1) submit material that is copyrighted, protected by trade secret or otherwise subject to third-party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Code 3 Garage all of the license rights granted herein;

(2) publish falsehoods or misrepresentations that could damage Code 3 Garage or any third party;

(3) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law or is otherwise inappropriate;

(4) post advertisements or solicitations of business; or

(5) impersonate another person.

9.4. Member Submissions Disclaimer:

You understand that when using Code 3 Garage you will be exposed to Member Submissions from a variety of sources, and that Code 3 Garage is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Member Submissions. You further understand and acknowledge that you may be exposed to Member Submissions that are inaccurate, offensive, indecent or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Code 3 Garage with respect thereto, and agree to indemnify and hold Code 3 Garage, its owners/operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of Code 3 Garage. Code 3 Garage does not endorse any Member Submission or any opinion, recommendation or advice expressed therein, and Code 3 Garage expressly disclaims any and all liability in connection with Member Submissions. If notified by a Member or a content owner of a Member Submission that allegedly does not conform to these Terms, Code 3 Garage may investigate the allegation and determine in good faith and in its sole discretion whether to remove the Member Submission, which it reserves the right to do at any time. For clarity, Code 3 Garage does not permit copyright infringing activities on Code 3 Garage. Code 3 Garage reserves the right to prevent Members from submitting content to Forums and to edit, restrict or remove such Messages for any reason at any time.

10. Member Posts, Private Messages & Emails:

You are welcome to post, transmit or submit Messages through Private Messages or Emails (collectively “Messages”) within, or in connection with, Code 3 Garage. Code 3 Garage accepts no responsibility whatsoever in connection with or arising from such Messages. Code 3 Garage does not endorse and has no control over the content of Messages submitted by others. Messages submitted are not reviewed by Code 3 Garage prior to posting and do not necessarily reflect the opinions or policies of Code 3 Garage. Code 3 Garage makes no warranties, express or implied, as to the content of the Messages or the accuracy and reliability of any Messages.

Code 3 Garage assumes no responsibility for actively monitoring Forums for inappropriate posts or messages. If at any time Code 3 Garage chooses, in its sole discretion, to monitor the Forums, Code 3 Garage nonetheless assumes no responsibility for the content of the posts or messages, no obligation to modify or remove any inappropriate post or messages, and no responsibility for the conduct of the Member submitting any Message. In submitting posts or messages to Forums, you agree to strictly limit yourself to discussions about the subject matter for which the Forums are intended. You agree that Code 3 Garage accepts no liability whatsoever if it determines to prevent your Messages from being submitted or if it edits, restricts or removes your Messages.

Never display any personal information that could be used to find you in real life. Example, your full real name, mailing or home address, or phone numbers.

11. Prohibited Uses:

Access to the Materials from territories where their contents are illegal is prohibited. Those who choose to access Code 3 Garage from locations outside of the United States do so at their own initiative and are responsible for compliance with all local rules including, without limitation, rules about the internet, data, email, or privacy. You agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside. Members visiting Code 3 Garage from countries outside of the United States must agree to abide by all local rules regarding online conduct and acceptable content.

Any use of any of the Materials other than for private, non-commercial use is strictly prohibited. As a condition of your use of Code 3 Garage, you will not use Code 3 Garage for any purpose that is unlawful or prohibited by these Terms. You may not use Code 3 Garage in any manner that in our sole discretion could damage, disable, overburden, or impair it or interfere with any other party’s use and enjoyment of Code 3 Garage. You may not attempt to gain unauthorized access to Code 3 Garage, or any part of them, other accounts, computer systems or networks connected to Code 3 Garage, or any part of them, through hacking, password mining or any other means or interfere or attempt to interfere with the proper working of Code 3 Garage or any activities conducted on Code 3 Garage. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through Code 3 Garage. You agree neither to modify Code 3 Garage in any manner or form, nor to use modified versions of Code 3 Garage, including (without limitation) for the purpose of obtaining unauthorized access to Code 3 Garage.

Code 3 Garage may contain robot exclusion headers. You agree that you will not use any robot, spider, scraper, or other automated means to access Code 3 Garage for any purpose without our express written permission or bypass our robot exclusion headers or other measures we may use to prevent or restrict access to Code 3 Garage. * Search engines are exempt from this prohibition.

12. Digital Millennium Copyright Act Notifications:

It is Code 3 Garage’s policy to respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act. Code 3 Garage may terminate without notice any Member’s access to Code 3 Garage, if that Member is determined to be conducting infringement violations.

13. Premium Member Payment Terms:

If you purchase a Premium Member “Subscription” from Code 3 Garage, then you agree to pay for any such purchases, and we may charge your selected payment method to collect any such payments.

You are responsible for all charges incurred under your account made by you or anyone who uses your account (including your children, family, or friends). If your payment method fails your subscription may be deactivated without notice to you if payment is past due, regardless of the dollar amount.

It is your responsibility to cancel your subscription through Paypal if you no longer wish to continue with it. Paypal subscriptions renew automatically and failing to cancel a subscription will result in an automated renewal.

You may cancel your subscription at any time by logging into your Paypal account and canceling the active subscription.

Code 3 Garage does not have access to your Paypal account. Code 3 Garage cannot charge your account without your approval.

14. Third-Party Sites, Products and Services; Links:

Code 3 Garage may include links to other web sites or services solely as a convenience to Members (“linked sites”). Code 3 Garage does not endorse any such linked sites or the information, material, products or services contained on other linked sites or accessible through other linked sites. Furthermore, Code 3 Garage makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through linked sites. Access and use of linked sites, including the information, material, products, and services on linked sites or available through linked sites, is solely at your own risk.

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through Code 3 Garage are solely between you and such advertiser. You agree that Code 3 Garage will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on Code 3 Garage.

As an Amazon Associate the owner of this site earns from qualifying purchases through the Code 3 Garage online store.

15. Violations; Termination:

You agree that Code 3 Garage, in its sole discretion and for any or no reason, may terminate any account (or any part thereof) you may have with Code 3 Garage or your use of Code 3 Garage and remove and discard all or any part of your account, Member profile, or any Member Submission, at any time. Code 3 Garage may also in its sole discretion and at any time discontinue providing access to Code 3 Garage, or any part thereof, with or without notice. You agree that any termination of your access to Code 3 Garage or any account you may have or portion thereof may be effected without prior notice, and you agree that Code 3 Garage shall not be liable to you or any third party for any such termination. As discussed herein, Code 3 Garage does not permit copyright infringing activities on Code 3 Garage, and reserves the right to terminate access to Code 3 Garage, and remove all content submitted, by any Members who are found to be repeat infringers. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Code 3 Garage may be referred to appropriate law enforcement authorities. These remedies are in addition to any other remedies Code 3 Garage may have at law or in equity.

16. Disclaimers:

Code 3 Garage is in NO WAY affiliated with the Ecco Safety Group, or any other company represented here.

No warranties. Code 3 Garage and any third-party software, service, or applications made available in conjunction with or through Code 3 Garage are provided “as is” and “as available” without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, Code 3 Garage, its suppliers, licensors, and partners disclaim all warranties, statutory, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

Code 3 Garage, its suppliers, licensors, and partners do not warrant that the functions contained in Code 3 Garage will be uninterrupted or error-free, that defects will be corrected, or that Code 3 Garage or the server that makes it available is free of viruses or other harmful components.

Code 3 Garage, its suppliers, licensors, and partners do not warrant or make any representations regarding the use or results of the use of Code 3 Garage in terms of correctness, accuracy, reliability, or otherwise. You (and not Code 3 garage nor its suppliers, licensor or partners) assume the entire cost of any necessary servicing, repair, or correction. You understand and agree that you download or otherwise obtain material or data through Code 3 Garage at your own discretion and risk and that you will be solely responsible for any damages to your computer system or loss of data that results from the download of such material or data.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

17. Indemnification; Hold Harmless:

You agree to indemnify, save, and hold Code 3 Garage, its affiliated companies, and its suppliers, licensors, and partners harmless from any claims, losses, damages, liabilities, including attorneys’ fees, arising out of your use or misuse of Code 3 Garage, violation of these Terms, violation of the rights of any other person or entity, or any breach of the representations, warranties, and covenants made by you herein. Code 3 Garage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Code 3 Garage, and you agree to cooperate with Code 3 Garage’s defense of these claims.

18. Limitation of Liability and Damages:

Under no circumstances, including but not limited to, negligence, will Code 3 Garage or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers be liable for any special, indirect, incidental, consequential, punitive, reliance, or exemplary damages that result from your use or your inability to use the materials on Code 3 Garage, or any other interactions with Code 3 Garage, even if Code 3 Garage or a Code 3 Garage authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In such cases, Code 3 Garage’s liability will be limited to the fullest extent permitted by applicable law.

In no event will Code 3 Garage or its affiliates, contractors, employees, agents, or third-party partners, licensors, or suppliers total liability to you for all damages, losses, and causes of action arising out of or relating to these terms or your use of Code 3 Garage, including without limitation your interaction with other Code 3 Garage members, (whether in contract, tort including negligence, warranty, or otherwise) exceed the amount paid by you, if any, for accessing Code 3 Garage during the twelve (12) months immediately preceding the day the act or omission occurred that gave rise to your claim or one hundred dollars, whichever is greater.

These limitations will also apply with respect to damages incurred by reason of any products or services sold or provided by third parties other than Code 3 Garage and received through or advertised on Code 3 Garage or received through any links provided on Code 3 Garage.

19. Miscellaneous:

Notice: Except as explicitly stated otherwise, legal notices will be served on Code 3 Garage’s national registered agent or to the email address you provide to Code 3 Garage during the registration process. Notice will be deemed given twenty-four hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to a postal address, if provided by you through Code 3 Garage. In such case, notice will be deemed given three days after the date of mailing.

Waiver: The failure of Code 3 Garage to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Code 3 Garage.

Governing Law: These Terms will be governed by and construed in accordance with the laws of the State of Ohio, without giving effect to any principles of conflicts of law.

Jurisdiction: You agree that any action at law or in equity arising out of or relating to these Terms or Code 3 Garage will be filed only in the state or federal courts in and for Columbiana County, Ohio, and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

Severability: If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions.

Assignment: These Terms and related Guidelines, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Code 3 Garage without restriction.

Survival: Sections 7 and 14 through 19 will survive any termination of these Terms.

Headings: The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and will not be deemed to limit or affect any of the provisions hereof.

Entire Agreement: This is the entire agreement between you and Code 3 Garage relating to the subject matter herein and will not be modified except in a writing, signed by both parties, or by a change to these Terms or Guidelines made by Code 3 Garage as set forth in Section 3 above.

Claims: You and Code 3 Garage agree that any cause of action arising out of or related to Code 3 Garage must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.