The Austin Healey Club USA makes no representation or warranty, expressed or implied, as to the accuracy or completeness of this website.

You should neither act, nor refrain from action, on the basis of any information obtained from this site.

The Austin Healey Club USA web page also contains links to other web sites controlled by parties other than ourselves. The Austin Healey Club USA is not responsible for and does not endorse or accept any responsibility over the contents or use of these linked web sites.

There are emblems, graphics and logos on this site. They are used for identification purposes only and they may be trademarks of their respective owners. Some of the creators, writers or photographers of the graphics, articles and photographs on this site own the Intellectual Property Rights to their work. Permission should be sought from them before reproducing any items covered by intellectual property rights, trademarks, copyrights and patents, and acknowledgement made to the source.

These disclaimers and exclusions are governed by and construed in accordance with all Federal and State laws.

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SITE.

General: Thank you for using the (AHCUSA) Austin Healey Club USA website. The site (the "Website") www.healey.org and www.healeyrendezvous.org are owned and operated by Austin Healey Club USA; (referred to as "The Austin Healey Club", or "AHCUSA"). AHCUSA has the right at any time to change or discontinue any aspect or feature of the site, including, without limitation, the content, hours of availability, and equipment needed for access or use of the site.

This page states the terms and conditions under which you may use the Web Site. Please read this page carefully. By accessing the Web Site you accept and agree to be bound, without limitation or qualification, by these Terms. If you do not accept any of the Terms stated here, do not use the Web Site. The AHCUSA may, in its sole discretion, modify or revise the Terms at any time by updating this web page. You are bound by any such modification or revision and should therefore visit this page periodically to review the Terms.

Equipment: You shall be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the site and all charges related thereto.

Rules

As a user of our web site and/or a member of our club, we do require that you follow a set of rules that prohibit certain activities. (note: If a member of the AHCUSA you should also be familiar with the ByLaws.)  In particular, we prohibit the use of our web site/club to:

  • Promote or participate in an activity that violates any law, regulation, treaty or infringes on the rights of a third party;
  • Posting information that is defamatory, indecent or offensive;
  • Using the site to threaten, harass or intimidate others;
  • Damage the name and reputation of AHCUSA;
  • A commercial activity without permission of AHCUSA;
  • Interfere with a member's use of AHCUSA's services;
  • Break the security of any computer or account that does not belong to you.
  • Publish, post, upload, distribute, disseminate or offer to do the same (hereinafter Post") any software or music that you know, or reasonably should know, cannot be legally distributed in such manner, also known as Warez;
  • Our website will not and cannot be used as a "Napster" or "Morpheus" type of service.


      It is our sole discretion to determine if a violation of these rules has occurred. We may not review all the content posted by users on our sites but do investigate complaints. So be nice to each other.

      Limited Grant of Rights

      By posting communications on or through the Web Site, you automatically grant the AHCUSA a royalty-free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, publish, edit, translate, distribute, perform, and display the communication alone or as part of other works in any form, media, or technology whether now known or hereafter developed, and to sublicense such rights through multiple tiers of sub licensees.

      We need this limited right to protect you and provide you services. The realities of operating a web site require us to periodically make a backup in case a catastrophe causes the loss of our computers and thus data. By having a backup, we can safely restore information.

      In addition, if you use our site to post messages, photos, send postcards or invite others to your photos, we need the right to display those messages, postcards and photos.   Thus, we use this grant of limited rights to support your messages, postcards and photos.

      Your Use of the Material

      The contents of the Web Site, including but not limited to text, software, photographs, graphics, illustrations, artwork, video, music, sound, names, logos, trademarks, service marks and other material ("Material") are protected by copyright and other laws in both the United States and elsewhere. The Material includes both content owned or controlled by the AHCUSA and content owned or controlled by third parties and licensed to the AHCUSA.

      The AHCUSA authorizes you to view and download a single copy of the Material on the Web Sites solely for your personal, non-commercial use. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose without the written permission of the AHCUSA. Special rules may apply to the use of certain software and other items provided on the Web Sites. Any such special rules are listed as "Legal Notices" on this Web Site and are incorporated into this Agreement by reference.

      If you would like information about obtaining the AHCUSA's permission to use any of the Material on the Web site, email This email address is being protected from spambots. You need JavaScript enabled to view it.. If you violate any of these Terms, your permission to use the Material automatically terminates and you must immediately destroy any copies you have made of the Material.  Vilotion of the terms may result in loss of membership in the AHCUSA.

     No Warranties

      THE WEB SITE AND MATERIAL ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. THE AHCUSA AND ITS SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS.

THE AHCUSA AND ITS SUPPLIERS MAKE NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.    THE AHCUSA DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE AHCUSA IS NOT RESPONSIBLE FOR THOSE COSTS.

      MUCH OF THE MATERIAL ON THE WEB SITE IS PROVIDED BY THIRD PARTIES AND THE AHCUSA SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.

      In summary, we recommend that you keep copies of any information that you believe is truly valuable, so valuable that you can't afford to lose it, as we can't guarantee that it will never be lost if we use our site. In addition, if you have information that is so private that you can never have it accessed by some stranger, don't keep it on your computer. Sorry, we just can't guarantee being perfect (but we will try.)

      Limitation of Liability/Disclaimer of Damages

      Your use of the Web Site is at your own risk. If you are dissatisfied with any of the Materials or other contents of the Web Site or with these Terms and Conditions, the AHCUSA's Privacy Policy, or other policies, your sole remedy is to discontinue use of the Web Site.

      Communities

      General: The Web Site, among other things, contains certain discussion forums, bulletin board services, chat areas, news groups (including, without limitation, Syndication via RSS news feeds, Usenet and other third party news groups), communities and/or other message or communication facilities (collectively, "Communities"). Much of the content of the communities, including without limitation the descriptions for many Communities and the content within a specific message or posting, is provided by and is the responsibility of the third party creator of the Community or the person posting in that Community. The AHCUSA has no responsibility for such content and is merely providing access to such content as a service to you.

      Permitted Uses: You agree that you are responsible for your own communications and for any consequences thereof. You agree to use the Communities only to send and receive messages and material that are legal, proper and related to the particular Community. By way of example, and not as a limitation, you agree that when using a Community, you will not:
 

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  •  Publish, post, upload, distribute or disseminate or offer to do the same (hereinafter "Post") any inappropriate, defamatory, infringing, obscene, or unlawful material or information.
  •  Post any material that infringes any patent, trademark, copyright, trade secret or other proprietary right of any party (the "Rights"), unless you are the owner of the Rights or have the permission of the owner to post or transmit such material.
  •  Post any files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  •  Advertise or offer to sell any goods or services for any commercial purpose, other than in Communities intended for such uses.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters, other than in Communities intended for such uses.
  • Download any file Posted by another user of a Forum that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Impersonate another person or entity, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is Posted.
  • Restrict or inhibit any other user from using and enjoying the Communities.
  • Tamper with the forum or chat room dirty word filter to display swear words.


      No Obligation to Monitor. The AHCUSA does not control the information delivered to the Communities, and the AHCUSA has no obligation to monitor the Communities. However, the AHCUSA reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request.

      No Endorsement. The AHCUSA does not endorse, support, represent or guaranty the truthfulness, accuracy, or reliability of any communications Posted in the Communities or endorse any opinions expressed in the Communities. You acknowledge that any reliance on material Posted in the Communities will be at your own risk.

      AHCUSA's Rights. If notified by a User of communications which allegedly do not conform to any term of this Agreement, the AHCUSA may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of the communication.

The AHCUSA will have no liability or responsibility for performance or non-performance of such activities. The AHCUSA reserves the right to terminate or restrict your access to any or all of the Communities at any time without notice for any reason whatsoever. You acknowledge that some Communities available through the Web Site are available only through these Web Site and others are available both through the Web Site and other sources, such as Usenet, over which the AHCUSA has absolutely no control.

      Privacy. You acknowledge that all Communities are public and not private communications, and that therefore others may read your communications without your knowledge. Always use caution when giving out any personally identifying information about yourself or your children in any Community. The AHCUSA does not control or endorse the content, messages or information found in any Community and, therefore, the AHCUSA specifically disclaims any liability with regard to the Communities and any actions resulting from your participation in any Community. Generally, any communication which you post to the Web Site (whether in chat rooms, discussion groups, message boards or otherwise) is considered to be non-confidential. If particular Web pages permit the submission of communications that will be treated by the AHCUSA as confidential, that fact will be stated on those pages. For more information see the AHCUSA's

Privacy Policy.

      Trademarks

      The "Austin Healey Club USA," "AHCUSA" are registered trademarks of the Austin Healey Club USA, Austin Healey Club Pacific Center. The ® The AUSTIN HEALEY CLUB Device is used under licence by Austin Healey Club Limited from MG Rover Group Limited.    All other trademarks appearing on the site are the property of their respective owners.

      Copyrights

      The AHCUSA may, in appropriate circumstances and at its discretion, remove, or disable access to, material on the Web Site that infringes on the rights of others. If you believe that your work has been used on the Web Site in a manner that constitutes copyright infringement, please provide the AHCUSA's management with the following information:

  • An electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • A description of where the material that you claim is infringing is located on the Web Site;
  • Your address, telephone number, and email address;
  • 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;
  • A statement by you, under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.


      The AHCUSA's management can be reached as follows:

President, Austin-Healey Club USA
8002 NE Hwy 99
Ste B PMB 424
Vancouver WA
98665-8813


        Links to Other Sites

      The Web Site contains links to third party web sites that are maintained by others. These links are provided solely as a convenience to you and not as an endorsement by the AHCUSA of the contents on such third-party Web sites. The AHCUSA is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party Web sites. If you decide to access linked third-party Web sites, you do so at your own risk.

      Indemnity

      You agree to defend, indemnify, and hold harmless the AHCUSA, its officers, directors, members and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material (including Software) or your breach of the terms of this Agreement. The AHCUSA shall provide notice to you promptly of any such claim, suit, or proceeding and shall reasonably assist you, at your expense, in defending any such claim, suit or proceeding.

      Export Controls

      The United States controls the export of products and information. You agree to comply with such restrictions and not to export or re-export the Materials (including Software) to countries or persons prohibited under the export control laws. By downloading the Materials (including Software), you are agreeing that you are not in a country where such export is prohibited and that you are not on the U.S. Commerce Department's Table of Denial Orders or the U.S Treasury Department's list of Specially Designated Nationals. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Product.

      General

      The AHCUSA makes no claims that the Materials are appropriate for any particular purpose or audience, or that they may be downloaded outside of the United States. Access to the Materials (including Software) may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United States, you are responsible for compliance with the laws of your jurisdiction.

      This AHCUSA is a world wide club incorporated in CA, USA with a principle place of business in Creswell, OR USA. All legal issues arising from or related to the use of the Web Site shall be construed in accordance with and determined by the laws of California. By using the Web Site, you agree that you hereby consent to the personal jurisdiction of the State of California, acknowledge that venue is proper in any State or Federal court in the State of California, agree that any action related to these terms of use must be brought in a State or Federal court in the State of California, and waive any objection that may exist, now or in the future, with respect to any of the foregoing. You hereby accept and submit to the jurisdiction of such court in any such proceeding or action, and irrevocably waive, to the fullest extent permitted by law, any objection which you may now or hereafter have to the laying of the venue of any such action or proceeding brought in such a court and any claim that any such action or proceeding brought in such a court has been brought in an inconvenient forum.

      If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in a particular "Legal Notice" for Software or material on particular web pages, this Agreement constitutes the entire Agreement between you and the AHCUSA with respect to the use of Web Site. Any changes to this Agreement must be made in writing, signed by an authorized representative of the AHCUSA.

      Refund Policy

      The AHCUSA will issue a refund of membership dues in the case of accounting errors such as duplicate payments or overpayments, a refund will be provided as is reasonable and typical for corrections of accounting errors.  Alternatively you may be credited with an additional year by making arrangements if you overpaid.

      Additional Information

      The AHCUSA reserves the right to alter our Privacy Policy as business needs require. Any changes will be posted to our web site in a timely manner. This statement and the policies outlined here are not intended to and do not give you any contractual or other legal rights. The section headings used herein are for convenience only and shall not be given any legal import.

      If you have any questions, complaints or suggestions (remember, we did say to be nice) send us some email. We would love to hear from you.

      From the AHCUSA board and officers, we thank you for using these sites. Enjoy!