CONTENTS OF MESSAGES
You are responsible for the contents of your messages and the consequences of any such messages. You agree that you will not use NissanZtrader for chain letters, junk mail, "spamming", solicitations (commercial or noncommercial) or any use of distribution lists to any person who has not given specific permission to be included in such a process. You further agree not to use NissanZtrader to send any messages or material that are unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise constitute a criminal offense, give rise to civil liability or otherwise objectionable material of any kind or nature or 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. NissanZtrader reserves the right to terminate User's account if it becomes aware and determines, in its sole discretion, that User is violating any of the foregoing guidelines.

ACCOUNT AND PASSWORD
You are responsible for maintaining the confidentiality of your account name and password. You are solely responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify NissanZtrader of any unauthorized use of your account.

LINKS
The links on the NissanZtrader Web Site may let you leave the NissanZtrader Web Site. You acknowledge that the linked sites are not under the control of NissanZtrader and NissanZtrader is not responsible for the contents or operation of any linked site or any link contained in a linked site, or any changes or any updates of such sites. NissanZtrader is not responsible for web casting or any other form of transmission received from any linked site. NissanZtrader is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NissanZtrader of the linked site or any association with their operators.

UNLAWFUL OR PROHIBITED USE
As a condition of your use of the NissanZtrader Web Site you warrant to NissanZtrader that you will not use the NissanZtrader Web Site for any unlawful purpose.

RIGHTS GRANTED TO NISSANZTRADER
By posting messages, uploading files, inputting data, submitting any feedback or suggestions, or engaging in any other form of communication with or through the NissanZtrader Web Site, you warrant and represent that you own or otherwise control the rights necessary to do so and to grant NissanZtrader the licenses set forth below. You hereby grant NissanZtrader and its affiliated companies permission to:

1. Use, modify, copy, distribute, transmit, publicly display, publicly perform, reproduce, publish, sub-license, create derivative works from, transfer, or sell any such communication.

2. Sub-license to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the communication.

3. Publish your name in connection with any such communication.

The foregoing grants shall include the right to exploit any intellectual property or proprietary rights in such communication, including but not limited to rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. No compensation will be paid or due you with respect to NissanZtrader's or its sub- licensee's use of the materials contained within such communication. NissanZtrader is under no obligation to post or use any materials you may provide, and may remove such materials at any time in NissanZtrader's sole discretion.

RELATIONSHIP OF THE PARTIES
Nothing contained in this Agreement shall be construed as creating any agency, legal representative, partnership, or other form of joint enterprise between the parties. Neither party shall have authority to contract for or bind the other in any manner whatsoever.

DISCLAIMER OF WARRANTIES/LIMITATION OF LIABILITY
THE NissanZtrader SERVICE PROVIDED IS PROVIDED ON AN "AS IS", "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. NissanZtrader EXPRESSLY DISCLAIMS ANY REPRESENTATION OR WARRANTY THAT THE NissanZtrader SERVICE WILL BE ERROR-FREE, TIMELY, SECURE OR UNINTERRUPTED. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY NissanZtrader, ITS EMPLOYEES, LICENSORS OR AGENTS WILL CREATE A WARRANTY; NOR MAY YOU RELY ON ANY SUCH INFORMATION OR ADVICE.

UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, WILL USFREEADS, OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR INABILITY TO USE THE NissanZtrader SERVICE, INCLUDING BUT NOT LIMITED TO RELIANCE ON ANY INFORMATION OBTAINED ON THE NissanZtrader SERVICE; OR THAT RESULT FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES OR E-MAIL, LOSS OF OR DAMAGE TO DATA, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION, OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO RECORDS, PROGRAMS OR SERVICES. THE SUBSCRIBER HEREBY ACKNOWLEDGES THAT THIS PROVISION WILL APPLY WHETHER OR NOT USFREEADS IS GIVEN NOTICE OF THE POSSIBILITY OF SUCH DAMAGES AND THAT THIS PROVISION WILL APPLY TO ALL CONTENT, MERCHANDISE OR SERVICES AVAILABLE FROM AND ITS AFFILIATES.

OUR LIABILITY, AND THE LIABILITY OF OUR SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO FIVE HUNDRED DOLLARS ($500).

THE TERMS OF THIS SECTION SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON.

COPYRIGHT AND TRADEMARKS
All contents of the NissanZtrader Web Site are proprietary to NissanZtrader, and/or its suppliers and are protected under international Copyright and Trademark law. All rights are reserved. NissanZtrader reserves any rights not expressly granted herein.

PROMOTIONAL MESSAGES
NissanZtrader may, from time to time, send e-mail messages to Users regarding Users account. NissanZtrader will not, however, provide your e-mail address to third parties, nor send you promotional messages regarding third party services not directly related to NissanZtrader.

REFUND POLICY
Because purchased services and subscriptions for the use of NissanZtrader are rendered and you have the use and receive the benefits of said services instantly, all payments are final and refunds cannot be granted.

CHARGEBACK POLICY
Chargebacks on Credit Cards for services provided will be defended if, in NissanZtraders' reasonable opinion, the chargeback is not justified.

You acknowledge and specifically agree that chargebacks are unlawful if NissanZtrader services have been rendered.

NissanZtrader will use this document to dispute your chargeback with your bank and our processing company.

If a customer has a billing dispute with NissanZtrader, the customer must settle such dispute with NissanZtrader directly without initiating any chargeback procedures.

Any chargeback will evoke an automatic US$40 administration fee, without exception. In addition to legal fee's, any customer initiating a chargeback will be liable for the following charges via a collection agency:

Original value of service rendered
+ $25.00 chargeback fee
+ $30.00 recovery fee
+ $40.00 administrative fee

Your use of any services provided by NissanZtrader indicates your acceptance to pay the costs listed above.

In the event of a Chargeback being raised, or an outstanding debt at termination, NissanZtrader may, at our sole discretion, provide all relevant information to a 3rd party for the purposes of recovering the debt, or for the pursuit of civil or criminal proceedings.

Information provided will include personally identifiable information, including, but not limited to, Name, Address, IP Address, Credit Card information, Date of Birth, Social Security Number, National Insurance Number, Domain Names, adverts placed, services used, last usage data. NissanZtrader may also include any additional information found from, or provided by, other sources.

Note that a collection agency action may negatively impact your credit.

GOVERNING LAW
The laws of The United States of America shall govern this Agreement, and any dispute arising from the relationship between the parties to this Agreement, excluding any laws that direct the application of another jurisdiction's laws. In any litigation, arbitration, or other proceeding by which one party either seeks to enforce its rights under this Agreement (whether in contract, tort, or both) or seeks a declaration of any rights or obligations under this Agreement, the prevailing party shall be awarded its reasonable attorney fees, and cost and expenses incurred, subject to the Limitation of Liabilities clause. The parties consent to the exclusive jurisdiction and venue of the courts of the United States of America.

ARBITRATION
Any legal controversy or legal claim arising out of or relating to this Agreement or our services shall be settled by binding arbitration. Any such controversy or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitration shall be conducted in the United States, as the parties to this agreement agree to be governed by the laws of The United States. Either party may seek any interim or preliminary relief from a court of competent jurisdiction in The United States necessary to protect the rights or property of party pending the completion of arbitration. The prevailing party from arbitration shall be entitled to reasonable attorney's fees, which shall be set forth by the arbitrator(s). Judgment upon the award rendered may be entered in any court in the state of The United States with jurisdiction. The decision of the arbitrator shall be final and binding on the parties. The parties shall bear equally all fees, costs and expenses of the arbitration, and each party shall bear its own legal expenses, attorneys fees, and costs of all experts and witnesses, provided, however, the arbitration panel may apportion between the parties, as said arbitrator may deem equitable, the cost incurred by either party.

Should either party file an action contrary to this provision, the other party may recover attorneys' fees and costs up to one thousand ($1000) dollars.

FORCE MAJEURE
If by reason of failures of telecommunications or internet service providers, labor disputes, riots, inability to obtain labor or materials, earthquake, fire or other action of the elements, accidents, governmental restrictions or other causes beyond the control of NissanZtrader, NissanZtrader is unable to perform in whole or in part its obligations as set forth in this Agreement, then NissanZtrader shall be relieved of those obligations to the extent it is so unable to perform and such inability to perform shall not make NissanZtrader liable to the User.

SEVERABILITY
If any provisions of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.

SURVIVABILITY
The terms of this Agreement apply to those obligations that survive any cancellation, termination, or rescission, namely - confidentiality/non-disclosure, warranty, indemnification, liability and limits thereon, rights and obligations upon and following termination and assignment.

INDEMNIFICATION
You agree to defend, indemnify and hold harmless NissanZtrader against any and all claims, losses, liability costs and expenses (including but not limited to reasonable attorneys' fees) arising from your violation of these Terms and Conditions or any third-party's rights, (including, without limitation, infringement of any copyright trademark, service mark, trade secrets, right of privacy or publicity or any other third party right). The terms of this section shall survive the termination of your relationship with NissanZtrader.

HEADINGS
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such action.

ASSIGNMENT
In the event of a merger or consolidation of NissanZtrader, the surviving or new corporation and any subsidiaries are similarly subject to the rights and obligations of this Agreement.

ENTIRE AGREEMENT
Unless otherwise specified herein, this Agreement constitutes the complete and exclusive statement of the Agreement between the parties regarding the products and services provided hereunder, and supercedes any prior Agreements between the parties with respect thereto.