Disclosures
DISCLOSURES
The individuals featured on this website have given their permission to appear.
IMPORTANT READ THE FOLLOWING BEFORE ACCESSING THIS WEBSITE.
The Terms include certain dispute resolution provisions, including that all claims and disputes are to be resolved by mandatory binding individual arbitration, and a class action / jury trial waiver, appearing in Section 10 below.
1. TERMS OF USE.
Effective Date: The Terms of Use are as May 1, 2024, as may be amended from time to time (the “Terms of Use”). By using this website, you are agreeing to be bound by the terms and conditions provided for herein (the “Agreement”). The Terms of Use sets forth the standards of use for the website www.motorcaveautosuites.com. By using the MotorCave™ Auto Suites, you (the “User”) agree to these terms and conditions. If you do not agree with the terms and conditions, you should immediately exit this website. We reserve the right, at any time, to modify, alter, or update the Terms of Use without prior notice. Modifications shall become effective immediately upon being posted to the website. Your continued use of this website and contents herein after any such amendments constitutes an acknowledgement and acceptance of such modifications.
Except as may be modified or amended by MotorCave™ Auto Suites, the Terms and Use may not be otherwise modified or amended. You agree to use the website only for lawful purposes. You agree not to take any action that may compromise the security of the website, render the website inaccessible to others or otherwise cause damage to the website, its users, or the content. You agree not to use the website in any manner that might interfere with the rights of third parties.
We reserve the right to terminate or limit your access to the websites for any violation of the Terms of Use or our Privacy Policy, or for any other reason, in our sole discretion. In such event, you must immediately destroy or delete any downloaded or printed material from our website.
To access the website or some of the resources it offers, from time to time, you may be asked to provide certain registration details or other information. Your use of the website in conditioned that all the information you provide on the website is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with Privacy Policy.
Our website is intended for adults over the age of 18, it is therefore not intended for minors. No one under age 18 may provide any information, including personal information, to or on the website. In compliance with the Children’s Online Privacy Protection Act (“COPPA”), MotorCave™ Auto Suites does not knowingly collect personal information from children, which includes anyone under 18. If you are under 18, do not use or provide any information on this website or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or username you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information.
2. DISCLAIMER OF WARRANTIES
THE WEBSITE IS PROVIDED BY MotorCave™ Auto Suites” ON AN “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, MotorCave™ Auto Suites MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE USE
OR THE RESULTS OF THIS WEBSITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. MotorCave™ Auto Suites SHALL HAVE NO LIABILITY FOR ANY INTERRUPTIONS IN THE USE OF THIS WEBSITE. MotorCave™ Auto Suites DISCLAIMS ALL WARRANTIES WITH REGARD TO THE INFORMATION PROVIDED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
3. LIMITATION OF LIABILITY
MotorCave™ Auto Suites SHALL NOT BE LIABLE FOR ANY DAMAGES WHATSOEVER, AND IN PARTICULAR MotorCave™ Auto Suites, SHALL NOT BE LIABLE FOR ANY SPECIAL, INDIRECT, CONSEQUENTIAL, OR INCIDENTAL DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE, ARISING OUT OF OR RELATED TO THIS WEBSITE OR THE INFORMATION CONTAINED IN IT, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF MotorCave™ Auto Suites HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW FOR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THEREFORE SOME OF THE ABOVE LIMITATIONS ARE INAPPLICABLE.
4. INDEMNIFICATION
User agree to indemnify and hold MotorCave™ Auto Suites, its parents, subsidiaries, affiliates, officers, and employees harmless from any claim or demand, including reasonable attorneys’ fees and costs, made by any third party due to, or arising out of, User’s use of this website, the violation of this Agreement, Terms of Use or infringement by User or any third party of any intellectual property or any service provided by MotorCave™ Auto Suites by way of User’s computer.
5. MODIFICATIONS AND INTERRUPTION OF SERVICE
MotorCave™ Auto Suites reserves the right to modify or discontinue access to this website with or without notice to the User. MotorCave™ Auto Suites shall not be liable to User, or any third party, should MotorCave™ Auto Suites exercise its right to modify or discontinue the Terms of Use or access to this website. User acknowledges and accepts that MotorCave™ Auto Suites does not guarantee continuous, uninterrupted, or secure access to our website, and that operation of our website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
6. THIRD PARTY SITES
MotorCave™ Auto Suites’ website may include links to other websites and social media on the internet that are owned and operated by online merchants and other third parties which MotorCave™ Auto Suites does not control. User acknowledges that MotorCave™ Auto Suites is not responsible for the availability of, or the content located on or through, any third-party site. The User should contact the site administrator or webmaster for those third-party sites with any concerns regarding such links or the content located on such websites. The inclusion of any link to a website, social media application or platform does not imply endorsement by MotorCave™ Auto Suites of the website or their entities, products, or services. The User’s use any third-party websites is subject to the terms of use and privacy policies of each website. MotorCave™ Auto Suites encourages all Users to review said privacy policies of third-party sites.
7. DISCLAIMER REGARDING ACCURACY OF VENDOR INFORMATION
Product specifications and other information have either been provided by the vendors or collected from publicly available sources. While MotorCave™ Auto Suites makes every effort to ensure that the information on this website is accurate, we make no representations or warranties as to the accuracy or reliability of any information provided on this website from vendors. MotorCave™ Auto Suites makes no warranties or representations whatsoever regarding any product provided or offered by any vendor, and User acknowledges that use of any product provided or offered by any vendor shall be at his or her own risk.
8. PRIVACY
Please see MotorCave™ Auto Suites’ Privacy Policy on www.MotorCaveAutoSuites.com
9. GOVERNING JURISDICTION OF THE COURTS OF ILLINOIS
The Terms of Use and Agreement are governed and interpreted under the laws of the state of Illinois, without giving effect to any choice of law rules. MotorCave™ Auto Suites makes no representation that the website or other services comply with laws of other jurisdictions, except the laws of the State of Illinois. Accordingly, any User who chooses to access our website agrees to do so subject to the internal laws of the State of Illinois. Any enforcement of any provision of these Terms of Use shall be brought exclusively in the courts of Cook County, Illinois. Each User (1) submits to the personal and subject matter jurisdiction and venue of such court, (2) waives the defense of an inconvenient forum, and (3) irrevocably waives all right to trial by jury as to any issue relating hereto in any action, proceeding, or counterclaim arising out of or relating to this agreement or any other matter involving the parties hereto.
10. DISPUTE RESOLUTION (INDIVIDUAL BINDING ARBITRATION / CLASS AND JURY WAIVER)
Any dispute or claim (whether based in tort, contract, common law, statute, regulation or otherwise) arising between you, MotorCave™ Auto Suites, or any third party beneficiaries of these Terms and arising out of or relating to this website (including its use or content), these Terms or the Privacy Policy, any relationship among the parties, MotorCave™ Auto Suites’ goods or services, or any communications from or on behalf of MotorCave™ Auto Suites, whether arising before or after the effective date of these Terms, shall be resolved by final binding individual arbitration. Any arbitration shall be governed by and conducted pursuant to the Consumer Arbitration Rules (then in effect) of the American Arbitration Association (“AAA”) and administered by the AAA, and shall take place in person in Oakbrook, Illinois, or at a mutually acceptable alternate location (including remotely by electronic means, by telephone, or by written submissions). If the AAA Consumer Rules do not apply to a particular dispute or claim submitted, then the AAA’s Commercial Arbitration Rules (then in effect) shall apply and govern. The arbitrator, and not any federal, state, or local court, shall have the exclusive authority to resolve any dispute relating to the interpretation, applicability, unconscionability, arbitrability, enforceability, or formation of this agreement, including any claim that all or any part of this agreement is void or voidable. Any arbitration award rendered shall be final, binding, and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having competent jurisdiction. Arbitration administration fees will be paid in accordance with AAA Rules, except that each party shall pay for and bear the cost of its own experts, evidence, and attorneys’ fees in the arbitration. However, in the sole discretion of the arbitrator, any award may include attorneys’ fees if the arbitrator expressly determines that the party against whom such award is entered has caused the dispute to be submitted to arbitration as a dilatory tactic or that the claim submitted to AAA was frivolous or fraudulent. The foregoing obligation to resolve all disputes through binding individual arbitration shall be in lieu of any right of any party or third-party beneficiary to file or prosecute a lawsuit, complaint, or charge in a court and/or before a jury (whether as a named plaintiff or putative class member), which rights are hereby waived. For the avoidance of doubt, any dispute or claim shall be submitted to arbitration by you, MotorCave™ Auto Suites, or any third-party beneficiaries to these Terms in an individual capacity only, and not as a named plaintiff or class member in any putative class action or other representative proceeding.
11. COMPLIANCE WITH LAWS
User assumes all knowledge of applicable laws and is responsible for compliance with any such laws. User may not use the website, or any service provided for through this website in any way that violates
applicable state, federal, or international laws, regulations, or other government requirements. User further agrees not to transmit any material 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.
12. COPYRIGHT AND TRADEMARK INFORMATION
All content included or available on this site, including site design, text, graphics, interfaces, and the selection and arrangements thereof is MotorCave™ Auto Suites all rights reserved, or is the property of MotorCave™ Auto Suites and/or third parties protected by intellectual property rights. Any use of materials on the website, including reproduction for purposes other than those noted above, modification, distribution, replication, any form of data extraction or data mining, or other commercial exploitation of any kind, without prior written permission of an authorized officer of MotorCave™ Auto Suites is strictly prohibited. Users agree that they will not use any robot, spider, other automatic device, or manual process to monitor or copy our web pages or the content contained therein without prior written permission of MotorCave™ Auto Suites.
MotorCave™ Auto Suites’ logo is a proprietary trademark of MotorCave™ Auto Suites’ trademarks may not be used in connection with any product or service that is not provided by MotorCave™ Auto Suites in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits MotorCave™ Auto Suites. All other trademarks displayed on MotorCave™ Auto Suites’ website are the trademarks of their respective owners and constitute neither an endorsement nor a recommendation of those vendors. In addition, such use of trademarks or links to the websites of vendors is not intended to imply, directly or indirectly, that those vendors endorse or have any affiliation with MotorCave™ Auto Suites.
Notification of Claimed Copyright Infringement
Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, MotorCave™ Auto Suites designates the following individual as its agent for receipt of notifications of claimed copyright infringement:
IMPORTANT NOTICE: THE PRECEDING INFORMATION IS PROVIDED EXCLUSIVELY FOR NOTIFYING MotorCave™ Auto Suites THAT YOUR COPYRIGHTED MATERIAL MAY HAVE BEEN INFRINGED. PLEASE BE AWARE THAT IF YOU KNOWINGLY MISREPRESENT THAT MATERIAL OR ACTIVITY ON THE WEBSITE IS INFRINGING YOUR COPYRIGHT, YOU MAY BE HELD LIABLE FOR DAMAGES (INCLUDING COSTS AND ATTORNEYS’ FEES) UNDER SECTION 512(F) OF THE DMCA.
13. OTHER TERMS.
If any provision of the Terms of Use shall be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) shall not be affected thereby and shall remain valid and enforceable to the maximum possible extent. User agrees that the Terms of Use, and any other agreements referenced herein, may be assigned by MotorCave™ Auto Suites, in our sole discretion, to a third party in the event of a merger or acquisition. The Terms of Use shall apply in addition to, and shall not be superseded by, any other written agreement in relation to participation as a User. User agrees that by accepting the Terms of Use, User is consenting to the use and disclosure of their personally identifiable information and other practices described in our Privacy Policy. From time to time and at its sole discretion MotorCave™ Auto Suites may give you the ability to post, submit, publish, display, or transmit to other users or other persons content or materials on message boards. All User content must comply with the standards set out in these Terms of Use. You grant MotorCave™ Auto Suites a nonexclusive, royalty-free, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display, throughout the world in
any media, all User content and the name and or likeness associated to such User content. You understand and agree that you do not have any rights to review and or approve any use, reproduction, modification, adaptation, translation, or derivative creation of the User content by MotorCave™ Auto Suites.
CONTACT:
If at any time you wish to contact MotorCave™ Auto Suites with any questions regarding our website or should no longer wish to receive information from MotorCave™ Auto Suites, please contact us:
By Mail:
MotorCave™ Auto Suites 303 East Main Street Barrington, IL 60010
By Phone: +1. 847.892.9090 By Email: info@motorcaveautosuites.com