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Content Submission Agreement

Thank you for your submission to the Commercial Vehicle Safety Alliance (“CVSA”). With respect to the information and/or content that you, the user (referred to hereafter as “You” or with “Your”) upload to CVSA via this web portal (hereinafter referred to as the “Submission”), you grant to CVSA certain rights and licenses in the Submission as set forth in this Content Submission Agreement (the “Agreement”).

Please review the following carefully and do not submit your Submission if you disagree with any legal term or condition of this Agreement.  By uploading your Submission to CVSA, you expressly agree to the following terms, which constitute a valid and binding contract between you and CVSA:

  1. License Grant. By providing or submitting your Submission, You grant to CVSA, those acting under its permission and upon its authority, and those for whom CVSA is acting, a non-exclusive, royalty-free, freely transferable, fully-sublicensable, perpetual, worldwide license to use, copy, modify, display, perform, distribute, and create derivative works of the Submission in any format or medium for its lawful business purposes and operations.
  2. Right to Control. CVSA shall have exclusive, full, and final editorial control and discretion over its use of the Submission (if any). Moreover, nothing herein shall be construed as obligating CVSA to use or display the Submission in any manner. You also acknowledge and agree that CVSA may, and has the right to, directly or indirectly, include, insert, or place promotional or other materials in proximity to the Submission in connection with CVSA’s exercise of the rights granted to it herein.
  3. Eligibility. To be eligible to submit, You must be at least 18 years old or the legal age of majority in your jurisdiction. You represent, warrant, and covenant that you will, at all times, provide true, accurate, current, and complete information when submitting information or materials to CVSA.
  4. Waiver and Publicity Release. You hereby waive any right that You may have to inspect and/or approve of CVSA’s use or exploitation of the Submission. You expressly agree not to bring any suit, claim, or other action against CVSA arising out of its use of the Submission in accordance with the terms hereof. To the maximum extent permitted under applicable law, You consent to CVSA’s use of your likeness, image, name, biographical information, voice, and/or appearance as incorporated into the Submission in connection with CVSA’s exercise of its rights to the Submission hereunder, including without limitation for any advertising and publicity purposes as determined in CVSA’s discretion, without additional compensation or notification of any kind to you.
  5. No Right to Use CVSA Trademarks. Nothing in this Agreement shall be interpreted as granting You permission to use or display CVSA’s name or any of the CVSA trademarks (including any logo or brand) or rights in any CVSA technologies or intellectual property. Moreover, nothing shall permit You to promote or make any public statement regarding CVSA or its products, programs, operations, or services without CVSA’s prior written consent in each instance, to be granted or withheld in CVSA’s sole discretion.
  6. No Compensation. You acknowledge and agree that You will receive no compensation in any form for the development or submission of the Submission, any use thereof by CVSA, or for any other act or omission that You may perform in connection with the Submission. You acknowledge that You provide the Submission voluntarily, of Your own free will, in sole consideration of the opportunity to use and access CVSA’s platform and provide the Submission as permitted thereon, and without expectation of any consideration not expressly herein stated.
  7. Representations and Warranties. With respect to the Submission, You acknowledge and agree that You are solely responsible for rights clearance and accuracy, and You hereby represent and warrant that You own all rights, title, and interest in the Submission and/or have the full right, power, and authority to grant the rights granted herein, free and clear of any claims, liens, encumbrances, or violations of any other agreement. You also represent and warrant that You are not aware of any investigation, claim, or litigation involving the Submission; the Submission does not violate or infringe the rights of any other party (or person) or the laws or regulations of any government or judicial authority; the Submission is accurate to the best of your knowledge; and the Submission does not include any libelous, defamatory, obscene, or unlawful material.
  8. Limitation of Liability. YOU AGREE THAT IN NO EVENT SHALL CVSA BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED TO SUBMISSION OR USE OF THE SUBMISSION BY YOU OR ANYONE ELSE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, EVEN IF CVSA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ADDITION, CVSA IS NOT RESPONSIBLE FOR ERRONEOUS OR INCOMPLETE SUBMISSIONS OF YOUR SUBMISSION OR FOR PROBLEMS THAT OCCUR DURING TRANSMISSION OF YOUR SUBMISSION TO CVSA. WITHOUT LIMITATION OF THE FOREGOING, THE TOTAL LIABILITY OF CVSA FOR ANY REASON WHATSOEVER RELATED TO YOUR SUBMISSION OR FOR ANY CLAIMS RELATING TO THIS AGREEMENT SHALL NOT EXCEED $100 (USD). THE FOREGOING EXCLUSIONS AND LIMITATIONS OF LIABILITY SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU EXPRESSLY ACKNOWLEDGE AND AGREE THAT NOTHING IN THIS AGREEMENT, OR IN ANY ACT OR OMISSION OF THE PARTIES RELATED TO YOUR SUBMISSION, OPERATES AS ANY REPRESENTATION, WARRANTY, OR GUARANTEE WHATSOEVER BY CVSA WITH RESPECT TO THE SUBMISSION OR ANY RESULTS OR OUTCOMES THEREOF (INCLUDING WITHOUT LIMITATION ANY QUALIFICATION OR PARTICIPATION IN ANY PROGRAM, EVENT, PRODUCT, OR SERVICE OF CVSA).
  9. Miscellaneous. This Agreement is governed by the laws of the District of Columbia as applied to agreements entered into and completely performed in the District of Columbia. You also agree that You and CVSA are independent contractors only and that neither this Agreement nor any of its terms and conditions may be construed as creating a partnership, joint venture, employment, or agency relationship with CVSA. This Agreement constitutes the entire agreement between You and CVSA relating to the subject matter hereof and supersedes and replaces any and all prior oral or written agreements concerning the Submission. No amendments shall be made except in a writing signed by both You and CVSA. This Agreement shall be binding on and shall inure to the benefit of You and CVSA and their respective successors, heirs, and assigns. If any provision of this Agreement shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. CVSA’s failure to enforce any term or condition of this Agreement shall not constitute a waiver of any right or remedy or of such term or condition. This Agreement may be executed in one or more counterpart copies, including by way of electronic execution, and each of which so executed, irrespective of the date of execution and delivery, shall be deemed to be an original, and all such counterparts, together, shall constitute one and the same instrument.