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Legal Notice

January 1st, 2006

Your use of the materials included on this Internet site (the “Site”) is for information and shopping purposes only. You agree you will not distribute, publish, transmit, modify, display, or create derivative works from or exploit the contents of this Site in any way. You agree to indemnify, defend, and hold harmless Mercedes-Benz USA, LLC (“MBUSA”) for any and all unauthorized uses you may make of any material on the Site. You acknowledge the unauthorized use of the contents could cause irreparable harm to MBUSA and that in the event of an unauthorized use, MBUSA shall be entitled to an injunction in addition to any other remedies available at law or in equity.

The Site is presented by MBUSA from within the United States, and MBUSA makes no representation that materials in the Site are appropriate or available for use in locations outside the United States and access to them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

As your use of this Site will indicate your acceptance of this Legal Notice, do not use this Site if you do not agree to be subject hereby.

Submissions

Any material, information, or idea you transmit to or post on this Site by any means will be treated as non-confidential and non-proprietary, and may be disseminated or used by MBUSA or its affiliates for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products. Any material you submit to this Site will be deemed a grant of a royalty free non-exclusive right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from, and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission, and display whether now known or hereafter devised. In addition, you warrant that all so-called “moral rights” have been waived. You agree that you will not submit anything to the Site that will violate any right of any third party, including copyright, trademark, privacy, or other personal or proprietary right(s). You further agree that you will not post or transmit to or from this Site any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material, or any other material that could give rise to any civil or criminal liability under the law.

Intellectual Property Notice

All materials contained on this Site are protected by copyright, trade dress, trademarks, and/or other intellectual properties owned or controlled by MBUSA, Daimler AG (“DAG”), and/or the third-party licensor. You agree to abide by any and all additional copyright notices, information, or restrictions contained in any content on our Site.

MBUSA marks on this Site represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by MBUSA and/or DAG. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all MBUSA and/or DAG worldwide proprietary ownership rights, and MBUSA and/or DAG may own or control other proprietary rights in one or more countries outside of the United States.

All rights not expressly granted are reserved.

You may download and make one copy of the content and other downloadable items displayed on this Site for personal, noncommercial use only, provided that you maintain all copyright and other notices contained in such content. Copying or storing of any content for other than personal, noncommercial use is expressly prohibited without the prior written permission from MBUSA or the copyright holder identified in the specific copyright notice.

Products and Availability

All prices shown are based upon U.S. Manufacturer’s Suggested Retail Price (“MSRP”) in U.S. dollars and do not include extra costs, such as, but not limited to, taxes, title fees, dealer charges, options, and destination. These prices are valid and effective only in the United States. For specific pricing, product availability, and program information, please visit your local MBUSA Dealer. Dealers are independent and are free to set their own prices. MBUSA reserves the right without prior notice to discontinue or change specifications on products and services offered on this Site without incurring any obligations.

Accuracy of Site

The accuracy of the information on this Site cannot be guaranteed, particularly since this information is subject to change. All product illustrations and specifications are based upon current information at the time of programming. Although descriptions are believed correct, complete accuracy cannot be guaranteed. MBUSA reserves the right to make changes at any time, without notice or obligation, in the information contained on this Site, including and without limitation to prices, incentive programs, specifications, equipment, colors, materials, and to change or discontinue models.

Integration

This Legal Notice shall be deemed to include all other statements, policies, disclaimers, and other terms contained in this Site. This Legal Notice constitutes the entire understanding between MBUSA and you with respect to your use of this Site and it supersedes all prior or contemporaneous communications, whether electronic, oral, or written, between you and MBUSA.

Links

Some links on this Site will allow you to connect with sites that are not under our control. MBUSA is providing these links only as a convenience. The appearance of a link does not imply MBUSA endorsement, nor is MBUSA responsible for the contents of any linked site. You access them at your own risk.

Minors

MBUSA asks that parents supervise their children while online. No information should be posted by minor children without parental consent.

Jurisdiction

This Legal Notice shall be governed by and construed in accordance with the laws of State of New Jersey. Any dispute arising from these terms shall be resolved exclusively in the state and federal courts of the State of New Jersey, without regard to conflicts of laws provisions. MBUSA makes no representation that materials in this Site are appropriate or available for use in other locations. If you access this Site from outside the United States, be advised this Site may contain references to products and services that are not available or are prohibited in your country. Any cause of action you may have with respect to your use of this Site must be commenced within one (1) year after the claim or cause of action arises. If for any reason a court of competent jurisdiction finds any provision of this Legal Notice, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to affect the intent of the Legal Notice, and the remainder of this Legal Notice shall continue in full force and effect.

Privacy

For an explanation of MBUSA’s practices and policies related to the collection, use, and storage of our online visitors’ information, please read our Privacy Statement.

Limitation of Warranty and Liability

THE SITE, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AND INFORMATION MADE AVAILABLE ON OR ACCESSED THROUGH THE SITE, IS PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE BY LAW, MBUSA AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS MAKE NO REPRESENTATION OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT ON THE SITE OR THE MATERIALS, INFORMATION, AND FUNCTIONS MADE ACCESSIBLE BY THE SOFTWARE USED ON OR ACCESSED THROUGH THE SITE, FOR ANY PRODUCTS OR SERVICES OR HYPERTEXT LINKS TO THIRD PARTIES OR FOR ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF SENSITIVE INFORMATION THROUGH THE SITE OR ANY LINKED SITE. FURTHER, MBUSA AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. MBUSA DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE SITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. MBUSA AND ITS SUBSIDIARIES, AFFILIATES, AND SUPPLIERS SHALL NOT BE LIABLE FOR THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE CONTENT AND ANY ERRORS CONTAINED THEREIN AND THE SOFTWARE WHICH MAY BE DOWNLOADED THEREFROM; AND SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBLITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN MBUSA AND VISITOR. THIS SITE AND THE INFORMATION, SOFTWARE, FORMS, STATEMENTS, AND DOCUMENTS WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnification

You hereby agree to indemnify, defend, and hold MBUSA, and all its officers, directors, owners, agents, employees, information providers, affiliates, licensors, and licensees (collectively, the “Indemnified Parties”) harmless from and against any and all liability and costs incurred by the Indemnified Parties in connection with any claim arising out of any breach by you of this Legal Notice or the foregoing representations, warranties, and covenants, including, without limitation, attorneys fees and costs.

Modification of Terms and Conditions

MBUSA reserves the right, at its sole discretion, to change, modify, add, or remove any portion of this Legal Notice, in whole or in part, at any time. Notification of changes in this Legal Notice will be posted on this Site. MBUSA may change, suspend, or discontinue any aspect of this Site at any time, including the availability of any Site feature, database, or content. MBUSA may also impose limits on certain features and services or restrict your access to parts or all of this Site without notice or liability. By using this Site you agree to be bound by any such revisions and should therefore periodically visit the page to determine the then current terms of use to which you are bound.