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Terms of Service and Rules

Registration to this site is completely FREE. However, we do insist that you abide by the rules and policies detailed below.

Considering the real-time nature of this site, it is impossible for us to review messages or confirm the validity of information posted. Please remember that we at Model 3 Owners Club (M3OC) does not actively monitor the contents of this site at all times and are not responsible for any messages posted. We do not vouch for or warrant the accuracy, completeness or usefulness of any message, and are not responsible for the contents of any message. The messages express the views of the author of the message, not necessarily the views of this site or any entity associated with this site. Any user who feels that a posted message is objectionable is encouraged to contact us immediately by email. We have the ability to remove objectionable messages and we will make every effort to do so, within a reasonable time frame, if we determine that removal is necessary. This is a manual process, however, so please realize that we may not be able to remove or edit particular messages immediately.

You agree, through your use of this service, that you will not use this site to post any material which is knowingly false and/or defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person's privacy, or otherwise violate of any law.

You agree not to post any copyrighted material unless the copyright is owned by you or by this site. If you do post any copyrighted material, you shall be held solely responsible. M3OC shall not be held responsible for member-posted information that may violate copyright law.

Although this site does not and cannot review the messages posted and is not responsible for the content of any of these messages, we at this site reserve the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this M3OC website, Internet Brands, Inc (developers of vBulletin), and their agents with respect to any claim based upon transmission of your message(s).

The M3OC Forums are designed for members to express their opinions, viewpoints and testimonials on various products, services and events based upon speculation, personal knowledge and factual information through use, therefore all views represented here allow no liability upon the publishers of this web site and the owners of said views assume no liability for any ill will resulting from these postings. The posts made here are for educational as well as entertainment purposes and as such anyone viewing this portion of the website must accept these views as statements of the author of that opinion and agrees to release the authors from any and all liability. We at this site also reserve the right to reveal your identity (or whatever information we know about you) in order: a) to conform to the law or comply with legal process served on M3OC; b) protect and defend the rights or property of M3OC; and c) to act under necessary circumstances to protect the personal safety of users of M3OC or the public. Please see our Privacy Statement for more details.

Please note that advertisements, chain letters, pyramid schemes, and solicitations are not allowed on this forum. If you are interested in advertising on Model 3 Owners Club, please Contact Us.

Special Note to dealers, re-sellers, or any person or company that deals in equipment, products, or services for sale. You are not allowed to post items for sale in the forums unless you have been given authorization before hand by the owners of M3OC. This also holds true for manufacturers not being able to promote their products inside the M3OC sites. If you need promotion services, this site will offer banner advertising, product resale, and other promotional opportunities.

All rights reserved. By posting on this forum you grant M3OC and its successors and assigns a nonexclusive irrevocable right to re-use your posting in any manner it or they see fit without notice or compensation to you. No material contained in this site may be republished or reposted without express written consent of the owners of M3OC except that forum users retain the right to republish or repost their own work.

TERMS OF SERVICE

The following terms and conditions govern all use of the Model3OwnersClub.com website and all content, services and products available at or through the website, including, but not limited to, the Model 3 Owners Club forums, blog comments, wiki section, sponsorship and vendor subscriptions, advertisements and merchandise. The Website is owned and operated by Model 3 Owners Club (M3OC). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, M3OC’s Privacy Policy) and procedures that may be published from time to time on this Site by M3OC (collectively, the “Agreement”). Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by M3OC, acceptance is expressly limited to these terms.

1. ACCEPTANCE OF TERMS

Welcome to Model3OwnersClub.com. Model 3 Owners Club (M3OC) provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. In addition, when using particular M3OC services, you and Model 3 Owners Club Forum and Community shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF SERVICE

M3OC currently provides users with access to a rich collection of resources, including, various communications tools, forums, blogs, wiki, and sponsorship and advertising shopping services (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for M3OC to provide the Service. You also understand and agree that the service by default may include certain communications from M3OC, such as service announcements, administrative messages and that these communications are considered part of M3OC membership. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new M3OC properties, shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that M3OC assumes no responsibility for the timeliness, deletion, miss-delivery or failure to store any user communications.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or M3OC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, M3OC has the right to suspend, ban, or terminate your account and refuse any and all current or future use of the Service (or any portion thereof.)

4. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will set your own password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. Members are not allowed to register more than one user name on the site under different addresses. In doing so your accounts can be removed without notice with all posts removed. You agree to (a) immediately notify M3OC of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. M3OC cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5. Please do not use any passwords that you may use for other sensitive areas of the Internet or personally.

5. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not M3OC, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. M3OC does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will M3OC or any any of its supporting dealers be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.

You agree to not use the Service to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable. Model3OwnersClub.com is not the place for debate on religion, sex, politics, or other such controversial posts not directly related to issues having to do with electric cars; and this is not the place to talk about illegal downloads or how to obtain them. There are several forums on the Internet dedicated for discussing this type of material. This is not one of them.

b. harm minors in any way;

c. impersonate any person or entity, including, but not limited to, a M3OC official, forum leader, guide or host, Tesla employee or official or falsely state or otherwise misrepresent your affiliation with a person or entity;

d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;

e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party. Again, this is not the place to talk about illegal downloads or how to obtain them. There are several forums on the Internet dedicated for discussing this type of material. This is not one of them.

g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas that are designated for such purpose;

h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;

j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;

k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

l. "stalk" or otherwise harass another member;

m. collect or store personal data about other users; or

n. to either advertise or promote commercial endeavours without permission from a M3OC Administrator. This includes but is not limited to direct posts, Private Messages (PMs), as well as, active links to other sites on the Internet. Direct all such requests via e-mail to a M3OC Board Administrator.

o. encourage members to stop using the Service

p. use the Service to attempt to move or relocate members. This includes, but is not limited to, the use of PM, forum post or group post to gather other members/users with the end goal of taking those members elsewhere.

q. post hateful or derogatory comments, insults or threats to M3OC members or moderators/founders.

RULES ENFORCEMENT: You further understand that M3OC staff and it's volunteer moderators have the final say when it comes to post removals or edits. We make every effort to reach an understanding when dealing with posts that need to be removed or edited. If you have an issue with a volunteer moderator, or a choice made by them, you are asked to bring it to a site administrators attention to look into and handle. THE SITE ADMINISTRATORS and OWNERS have the final say. Please respect that the volunteer moderators are just that, volunteers. They give their time to help make Model3OwnersClub.com a great place to visit.

PLEASE: We ask you to please NOT display your e-mail in your signature of the site. We do this to limit the attraction to e-mail spamming robot collectors.

You acknowledge that M3OC does not pre-screen Content, but that M3OC and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any content that is available via the Service. Without limiting the foregoing, M3OC and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by M3OC or submitted to M3OC such as information in M3OC Forums.

You acknowledge and agree that M3OC may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of M3OC, its users and the public.

You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

6. SPECIAL ADMONITIONS FOR INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from Canada or the country in which you reside.

7. INTELLECTUAL PROPERTY

This Agreement does not transfer from M3OC to you any M3OC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with M3OC. M3OC is the sole owner of the Model3OwnersClub.com website, which includes but is not limited to, the Model 3 Owners Club community, forums, blogs, wikis, groups/sub-communities/clubs/local-clubs created/organized on the Model3OwnersClub.com website. Any benefits, IP and goodwill derived from this is an asset of M3OC. M3OC has the right at any moment to require anyone using M3OC’s intellectual property to cease these activities. It is prohibited for any user of M3OC to take any action or make any communication on the Service in the attempt to encourage other members/users to leave or stop using the service. Any attempt to try to duplicate or relocate a specific group/sub-community/club/local-club, forum or any other unique aspect of the Model 3 Owners Club website, outside of Model3OwnersClub.com, without the express written consent of M3OC, is prohibited and will be treated as an attempt to steal M3OC’s intellectual property. Any attempt to use the service to move or relocate members is also prohibited. This includes, but is not limited to, the use of PM, forum post or group post to gather other members/users with the end goal of taking those members elsewhere.

8. INDEMNITY

You agree to indemnify and hold M3OC and its owners, subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.

9. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

10. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that M3OC may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages, forum postings or other uploaded content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the maximum disk space that will be allotted on M3OC servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that M3OC has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted by the Service. You acknowledge that M3OC reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that M3OC reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

11. MODIFICATIONS TO SERVICE

M3OC reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that M3OC shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

12. TERMINATION

You agree that M3OC in its sole discretion, may ban your account, terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if M3OC believes that you have violated or acted inconsistently with the letter or spirit of the TOS. M3OC may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this TOS may be effected without prior notice, and acknowledge and agree that M3OC may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that M3OC shall not be liable to you or any third-party for any termination of your access to the Service.

13. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers, sponsors or vendors found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that M3OC shall 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, sponsors or vendors on the Service.

14. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because M3OC has no control over such sites and resources, you acknowledge and agree that M3OC is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that M3OC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

15.M3OC PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers, sponsors and vendors is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by M3OC or advertisers, sponsors or vendors, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.

M3OC grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by M3OC for use in accessing the Service.

16. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. M3OC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. M3OC MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM M3OC OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

17. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT M3OC SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF M3OC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

18. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

19. NOTICE

Notices to you may be made via either email or regular mail. The Service may also provide notices of changes to the TOS or other matters by displaying notices or links to notices to you generally on the Service.

20. TRADEMARK INFORMATION

Model3OwnersClub.com, and the M3OC logo, trademarks and service marks, and other M3OC logos and product and service names are property of M3OC. Without M3OC’s prior permission, you agree not to display or use in any manner, the M3OC logo (logo's).

21. Competing Sites, Businesses, Individuals and Organizations You agree not to attempt to gain traffic from M3OC in any way, including but not limited to, links in posts, signatures, profile information, PM's, or emails. This applies to, but is not limited to competing sites, businesses, individuals or organizations. You accept that M3OC has the right to erase any information displayed/posted on Model3OwnersClub.com that may push traffic towards competitors.

22. COPYRIGHTS and COPYRIGHT AGENTS

You agree not to post any copyrighted material unless the copyright is owned by you or by this site. If you do post any copyrighted material, you shall be held solely responsible. M3OC shall not be held responsible for member-posted information that may violate copyright law.

M3OC respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide M3OC the following information:

1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;

2. a description of the copyrighted work or other intellectual property that you claim has been infringed;

3. a description of where the material that you claim is infringing is located on the site;

4. your address, telephone number, and email address;

5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

23. RIGHTS and INDEMNIFICATION

You understand and agree that M3OC reserves the right to delete any message for any or no reason whatsoever. You remain solely responsible for the content of your messages, and you agree to indemnify and hold harmless this M3OC website, Internet Brands, Inc (developers of vBulletin), and their agents with respect to any claim based upon transmission of your message(s).

24. GENERAL INFORMATION

The TOS constitute the entire agreement between you and M3OC and govern your use of the Service, superseding any prior agreements between you and M3OC You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The TOS and the relationship between you and M3OC shall be governed by the laws of the Province of Ontario without regard to its conflict of law provisions. You and M3OC agree to submit to the personal and exclusive jurisdiction of the courts located within the county of York Region, Ontario. The failure of M3OC to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

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Model 3 Owners Club (M3OC) is an enthusiast club and is not affiliated with Tesla Motors or the Tesla Motors Club Forum (TMC).
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