1. Ownership of Content
Hyundai websites may offer featured articles, pictures, information, digital images, surveys, contests and sweepstakes, advertising, logos, trademarks, and other content (collectively referred to hereinafter as "Content," but excluding specifically User Content as defined below) we hope will be of interest to our visitors. Content may be in the form of text, data, music, sound, graphics, images, pictures, photographs, videos, software, or other forms now known or later invented. Hyundai makes no representations or warranties that the Content is available, appropriate, or legal to access. Except for User Content (as hereinafter defined), all Content posted on or otherwise available via this site is owned by Hyundai or used with authorization. Please feel free to browse the site, but you must respect the rules and restrictions set forth in these TOU and our intellectual property rights as set forth in these TOU. Please note that downloading software, information, data, or images from this site does not give you title or other rights to such Content.
2. Restrictions on the Use of the Site
As a condition of using this site, you agree that you will not:
(a) Without the prior written consent of Hyundai, modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content;
(b) Submit, display, or transmit any User Content (as hereinafter defined) that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party, or User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships;
(c) Submit, display, or transmit any User Content that exceeds Hyundai's capacity limits or for which you do not own or have the necessary and appropriate rights;
(d) Submit, display, or transmit any spam, duplicative messages, unauthorized promotions or advertisements, surveys, contests, chain letters, or pyramid schemes;
(e) Forge headers, create a false identity, or otherwise manipulate identifiers in order to deceive others or disguise the origin of any User Content transmitted to or via the site;
(f) Use the site to threaten, defame, abuse, assault, stalk, harass, or otherwise violate the rights of any other person or entity, including, without limitation, rights of privacy or publicity;
(g) Publish, post, display, offer, or disseminate any profane, obscene, indecent, unlawful, terroristic, violent, or hateful User Content;
(h) Collect, store, publish, post, sell, transmit, or disclose personal data about other users of the site; or
(i) Monitor or copy Content.
3. Site Security Use Restrictions
Hyundai takes the security of this website and its other websites seriously. Therefore, in addition to the restrictions set forth above, you may not:
(a) Interfere or attempt to interfere with the proper working of this website or any activity or service on this website by using any robot, "bot," spider, crawler, engine, device, software, tool, routine, or any other automatic device or manual process of any like or kind without our written permission, or engage in any activity that interferes with the proper working of or access to this site or to any host or network;
(b) Attempt to access data or information not intended for you or log onto a server or account that you are not authorized to access;
(c) Access or attempt to access any system or servers on which the site is hosted or modify or alter the site in any way;
(d) Upload or otherwise transmit files that contain viruses, worms, Trojan horses, malicious code, spyware, adware, sniffers, corrupted files, or similar software or programs;
(e) Restrict or prevent any other user from using the site and/or any products, services, or Content posted on or offered through the site;
(f) Post or upload User Content (as hereinafter defined) that disrupts the normal flow of dialogue with an excessive amount of User Content (flooding attack) to the site, or that otherwise negatively affects other users' ability to use any Hyundai website; or
(g) Link to, frame, or otherwise reproduce this site or any other Hyundai website without the prior written consent of Hyundai.
Hyundai reserves the right to investigate any violations of its system, network, or website security, to involve and cooperate with law enforcement authorities in investigating such violations, and to prosecute violators to the fullest extent of the law.
Copyright to all Content on the site is either owned by Hyundai or is licensed to Hyundai. No Content or other material from this site may be copied, reproduced, published, republished, uploaded, posted, displayed, transmitted, modified, used to prepare derivative works, distributed, or redistributed in any way in any medium whatsoever now known or later invented, except that you may download one copy of the material on any single computer for your personal, noncommercial home use only, provided you retain all copyright and other proprietary notices. Any attempt to modify these materials or to use these materials for any other purpose constitutes a violation of our copyright and other proprietary rights, and may subject you to injunctive relief, statutory damages, and other penalties. The use of any such material on any other website or networked computer environment is prohibited without the express written permission of Hyundai.
5. Procedures for Making Copyright Infringement Claims
Except as expressly provided above, nothing contained herein shall be construed as conferring any license or right under any copyright or any other intellectual property right. It is our policy to respond appropriately to notices of alleged infringement that comply with the Digital Millennium Copyright Act ("DMCA"), including by removing or disabling access to material claimed to be the subject of infringing activity. If you are an owner of intellectual property who believes that your intellectual property has been improperly posted or distributed via this website, please notify our designated DMCA agent immediately at: firstname.lastname@example.org, or by mail at Hyundai Motor America, Legal Department, 10550 Talbert Avenue, Fountain Valley, California 92708. DMCA Notices must be in writing and must include the following information:
(a) An electronic or physical signature of the person authorized to act on behalf of the copyright owner;
(b) A description of the copyrighted work that you claim has been infringed;
(c) The URL of the site and a description of where the material that you claim is infringing is located on that site;
(d) Your address, telephone number, and e-mail address;
(e) A statement by you that you have a good faith belief that the alleged infringing material is not authorized by the copyright owner, its agent, or the law; and
(f) A statement by you, made under penalty of perjury, that all the information in your Notice is accurate, and that you are either the copyright owner or authorized to act on the behalf of the owner of an exclusive right that is allegedly infringed.
6. Trademarks and Proprietary Rights Notices
All trademarks, logos, trade names, or service marks (collectively, the "Marks") mentioned, used, or displayed on this site are either owned by Hyundai or otherwise are authorized for our use. You may not display or reproduce the Marks other than with the prior written consent of Hyundai. You may not remove, obscure, or otherwise modify any copyright, trademark, confidentiality, or other proprietary rights notices displayed on, embedded in, or otherwise appearing in any Content offered by, viewed on, or received through this site or any other Hyundai website.
You must meet any age, geographic, or other eligibility requirements specified at each site to subscribe to a magazine, publication, or service that we offer, to order anything online, to participate in certain contests, games or sweepstakes, or to access or participate in certain services at or areas of our sites. By registering at those sites, or for those features or services, you represent that you comply with applicable restrictions. E-commerce areas may include additional restrictions on purchases, return policies, delivery schedules, and the like, depending on individual site and vendor policies.
8. Links and Third Party Sites
This website may contain links to and from third party sites, including, but not limited to, sites operated by advertisers, vendors, and/or promotional or business partners. Sites and e-commerce opportunities operated by third parties are subject to terms and conditions set by those parties, so you should check each site to be sure you understand the terms, conditions, policies, and requirements of that site. Hyundai does not endorse, and the inclusion of any link on this site does not imply an endorsement of, any individual vendor, advertiser, or other third party or any of their products or services, and Hyundai has not taken any steps to confirm the accuracy or reliability of any of the information provided by any third party. Hyundai has no control over: (a) the quality, safety, or legality of any item advertised or listed by any third party, including vendors, advertisers, or other business partners; or (b) the content of, or any products or services offered by, websites operated by third parties. Hyundai does not guarantee that you will be satisfied with products or services purchased from vendors, advertisers, or other third parties that link to or from any Hyundai website. You acknowledge and agree that Hyundai has not reviewed all of the sites linked to or from this website, does not endorse such sites, is not responsible for such sites, and under no circumstances shall be liable for the contents, products or services of any off-site pages or of any third party sites linked to or from this website. Your linking to any other off-site pages or other sites is at your own risk. Vendors and advertisers are solely responsible for the accuracy of the information they provide, for warranties and guarantees on goods or services sold, for delivery schedules, and for return policies.
10. Limitation of Warranties
HYUNDAI PROVIDES THIS WEBSITE AND THE CONTENT, INFORMATION, PRODUCTS, AND SERVICES ON OR THROUGH IT "AS IS" AND "AS AVAILABLE," WITHOUT ANY WARRANTY OF ANY KIND, EXPRESSED, IMPLIED, OR STATUTORY. HYUNDAI SPECIFICALLY DISCLAIMS ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. Some states may not allow the exclusion of implied warranties, so check local laws.
11. Limitation of Liability
HYUNDAI DOES NOT WARRANT THAT THE CONTENT OR SERVICES AT THE SITE OR FUNCTIONS CONTAINED IN THE MATERIALS AT THE SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, THAT ALL PRODUCTS LISTED, SOLD, OR ADVERTISED ARE AVAILABLE, OR THAT ALL TRANSACTIONS WILL BE COMPLETED. NEITHER HYUNDAI NOR ANY OF ITS OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS, OR LICENSEES WARRANT OR MAKE ANY REPRESENTATIONS THAT THE CONTENT, MATERIALS, OR INFORMATION CONTAINED AT THIS SITE ARE CORRECT, ACCURATE, COMPLETE, UP TO DATE, AND/OR RELIABLE.
IN NO EVENT SHALL HYUNDAI OR ANYONE WHO HELPED DEVELOP, CREATE, PRODUCE, DISPLAY, TRANSMIT, OR DELIVER THE CONTENT, MATERIAL, AND INFORMATION USED IN THIS SITE BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, PUNITIVE, TREBLE, ENHANCED, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN CONNECTION WITH, USE OF OUR SITE, LINKS TO OR FROM THIS SITE, INFORMATION POSTED ON OUR SITE, OUR SERVICES, ANY PRODUCTS OR SERVICES YOU PURCHASE, OR THIS AGREEMENT, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR LIABILITY TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCES FOR ANY AND ALL LOSSES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE. NEITHER HYUNDAI NOR ANY OF ITS AFFILIATES, PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, AGENTS, LICENSORS OR LICENSEES SHALL BE LIABLE FOR ANY LOSSES YOU MIGHT SUSTAIN BY ENGAGING IN TRANSACTIONS WITH BUYERS OR SELLERS WHO YOU MEET AS A RESULT OF ANY CLASSIFIED ADVERTISEMENTS THAT MAY BE POSTED ON ANY HYUNDAI WEBSITE.
Some states do not allow the limitation of liability, so check local laws.
12. Indemnity and Hold Harmless
You agree to hold Hyundai and its officers, directors, employees, representatives, agents, licensors, and licensees harmless from any and all claims, demands, attorneys' fees, damages (actual and consequential) of every kind or nature, known and unknown, disclosed or undisclosed, arising out of, or any way connected with the use of any information at this site, any transaction occurring through this site, the safety or quality of any goods or services purchased or sold through this site, or the truth or accuracy of any claim made about such goods or services. California residents expressly agree to waive California Civil Code Section 1542, which states: "A general release does not extend to claims that the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which, if known by him or her, must have materially affected his or her settlement with the debtor." Residents of California are entitled to the following specific consumer rights information: you may contact the Consumer Information Center at (800) 952-5210 or email@example.com of the California Department of Consumer Affairs for consumer inquiries, or you may write to the Department of Consumer Affairs at the following address: Department of Consumer Affairs, Consumer Information Division, 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834.
13. Termination of Services
We may eliminate or terminate any Content or service posted on or made available through any of our websites without notice to you at any time in our sole discretion. Without limiting any other remedy, Hyundai reserves the right, in its sole discretion, to immediately issue a warning or to immediately, temporarily, or permanently suspend or terminate your participation in the site or any area of the site, and to refuse to provide our services to you if: (i) you breach these TOU or any of the rules or eligibility requirements of this site or the services offered at this site; (ii) we are unable to verify or authenticate any billing information you provide to us; or (iii) we believe that your actions may cause damage, harm, or legal liability to you or to any vendor, business, or promotional partner, advertiser, other user, the public, or us.
Except with respect to notices of alleged copyright infringement, which must be submitted as described above, and unless explicitly stated otherwise in the site, you must provide all notices or complaints to Hyundai via e-mail to firstname.lastname@example.org or mail at Hyundai Motor America, 10550 Talbert Avenue, Fountain Valley, California 92708 or P.O. Box 20950, Fountain Valley, California 92728. All notices from Hyundai to you will be sent to the e-mail address you provide to us. Notice shall be deemed given twenty-four (24) hours after the e-mail is sent, unless we are notified that the e-mail address is invalid. Hyundai reserves the right to send you notice by mail via overnight carrier (with tracking), postage prepaid, to the address you provided to us during any ordering or registration process. In such event, notice shall be deemed given three (3) days after the date of mailing.
Hyundai reserves the right, in its sole discretion, to change, modify, add, or remove portions of these TOU at any time, so please check this site or any other Hyundai website you use periodically for changes. Changes to these TOU shall be effective upon posting. Continued use of the site following the effective date of any changes to these TOU constitutes your acceptance of those changes.
16. General Provisions
(a) Severability. If any provision of these TOU is held to be invalid or unenforceable, it shall be stricken without affecting the validity of the remaining portions of these TOU. Headings are for convenience only, and are not intended to in any way confine, limit, construe, or describe the scope or extent of such section.
(b) No Waiver. No waiver by Hyundai of any breach of these TOU by you shall constitute a waiver of this or any other provision of these TOU or alter or limit our right to act with respect to subsequent or similar breaches.
(d) No Agency. You acknowledge and agree that Hyundai, in providing this site, is not acting for or on behalf of either you or any vendor, business or promotional partner, or advertiser. You and our vendors, business or promotional partners, and advertisers are independent contractors. No agency, fiduciary, partnership, joint venture, employer/employee, or franchiser/franchisee relationship is intended or created by these TOU between Hyundai and either you or any vendor, business or promotional partner, or advertiser at this site.
(e) Governing Law/Venue. Your use of this website and any dispute arising out of or relating to your use of this website will be governed by the laws of the State of California, irrespective of its conflicts of laws provisions. In the event that Hyundai wishes to pursue legal action against you, it may bring such legal action in any federal or state court having jurisdiction. Lawsuits against Hyundai must be brought in federal or state court in Orange County, California.
Last updated: August 15, 2011
HYUNDAI MOTOR AMERICA
Hyundai Motor America, headquartered in Fountain Valley, Calif., is a subsidiary of Hyundai Motor Co. of Korea. Hyundai vehicles are distributed throughout the United States by Hyundai Motor America and are sold and serviced through more than 820 dealerships nationwide. All Hyundai vehicles sold in the U.S. are covered by the Hyundai Assurance program, which includes the 5-year/60,000-mile fully transferable new vehicle limited warranty, Hyundai’s 10-year/100,000-mile powertrain limited warranty and five years of complimentary Roadside Assistance. Hyundai Blue Link Connected Care provides owners of Hyundai models equipped with the Blue Link telematics system with proactive safety and car care services complimentary for one year with enrollment. These services include Automatic Collision Notification, Enhanced Roadside Assistance, Vehicle Diagnostic Alert, Monthly Vehicle Health Report and in-vehicle service scheduling.