Last Updated: June 23, 2020
APPLICATION; MODIFICATIONS AND AMENDMENTS
Please note that the Services are not directed at children under 13. We do not knowingly collect or solicit personally identifiable information from children under 13. If you are a child under 13, please do not attempt to register for the Services or send any personal information about yourself to us. If we learn we have collected personal information from a child under 13, we will delete that information as quickly as possible. If you believe that a child under 13 may have provided us personal information, please contact us at [email protected].
The Services assist users in procuring maintenance and repair services for their vehicles by connecting such users with vehicle maintenance providers (“Maintenance Providers”) through the Website and the App. CarAdvise may provide recommendations, guidance, reviews and/or scheduling services related to vehicles and Maintenance Providers. CarAdvise may collect and process fees for transactions between a user and a Maintenance Provider, but CarAdvise is not a party to the actual repair transaction between users and Maintenance Providers that originates on or through the Website, the App or the Services.
To be clear, CarAdvise does not: (i) negotiate pricing or other terms between users and Maintenance Providers; or (ii) provide vehicle repair or maintenance services.
CarAdvise may collect and provide information, advice, recommendations or guidance about a particular vehicle or a Maintenance Provider (“Vehicle Content”) on the Website, through the App or otherwise through the Services, but CarAdvise gives no assurance that any Vehicle Content is accurate, complete or verified. CarAdvise does not warrant the accuracy of, or assume (and you agree that CarAdvise does not bear any) responsibility for any errors or omissions in the Vehicle Content. CarAdvise has no responsibility to update or review any Vehicle Content.
USE OF THE SERVICES
You must follow all applicable laws when using the Services. If applicable law prohibits you from using any or all of the Services, then you aren’t authorized to use such Services. We can’t and won’t be responsible for your using the Services in any way not in accordance with applicable laws. The Services are provided by a U.S. company.
Without limitation of the foregoing, when using the Services, you must not:
* Use the Services outside of any interfaces we have provided or remove or alter notices or logos provided with the Services;
* Engage in any unsolicited advertising, marketing or other activities, including, without limitation, any activities that violate anti-spam laws and regulations including, but not limited to, the CAN SPAM Act of 2003, the Telephone Consumer Protection Act and the Do-Not-
Call Implementation Act;
* Use extreme bandwidth capacity in a way that threatens our infrastructure;
* Upload viruses or malware or attempt to overload the system with email or traffic;
* Promote commercial services, unless you are specifically authorized by CarAdvise to do so;
* Infringe or violate the intellectual property rights, privacy rights or any other rights of anyone else (including CarAdvise);
* Violate any applicable law or regulation;
* Post or upload any content that, in CarAdvise’s sole discretion, is likely to expose CarAdvise to civil or criminal liability;
* Jeopardize the security of your User Account (as defined below) or the User Account of any other user (such as allowing someone else access to your User Account);
* Attempt, in any manner, to obtain the password, account, or other security information from any other user of the Services;
* Compromise the security of the Website, App or any of CarAdvise’s other computer systems or networks, or the security of any CarAdvise users or partners
* “Crawl,” “scrape,” or “spider” any page, data, or portion of or relating to the Website, App, Services, or any content available through the Services (through use of manual or automated means);
* Decompile, reverse engineer, or otherwise attempt to obtain the source code or underlying ideas or information of or relating to the Website, App or Services; or
* Use any of the Services beyond their intended, lawful use.
Information and content displayed on the Website or the App, or otherwise provided through the Services, may change without notice. We reserve the right to modify such information and content without any obligation to notify past or current users. We make no representations that the information or content are appropriate or available for use or access in any particular state or country besides the United States. When accessing the Services, you are solely responsible for compliance with the laws of the state or country in which you live.
All offers made pursuant to the Services are void where prohibited. Some Services may not be available in certain areas.
You may create an account (“User Account”) in order to use various portions of the Services, such as the App and parts of the Website. You may register using your social media accounts (such as Facebook, Twitter, Instagram, Google+ or Yahoo), or by providing us with your name, mailing address, email address and a password of your choosing.
Your User Account is personal to you. You promise to provide us with accurate, complete and updated registration information about yourself. You may not select as your username a name that you don’t have the right to use, or use another person’s information with the intent to impersonate such person. You may not transfer your User Account to anyone else without our prior written permission.
You may not share your User Account information with or allow access to your User Account by any third party. You are solely responsible for all activity that occurs on or under your User Account. As a result, you should keep your username, password and other User Account information confidential. We will not be liable for any costs, losses, claims or damages that you or any third party incur which are directly or indirectly caused by any unauthorized use of your User
Account. You agree to immediately notify us at [email protected] if at any time you have any reason to believe that your User Account has been compromised.
You understand that CarAdvise owns data appearing on or derived from your creation and use of your user account (“User Data”). Any and all User Data collected through the Website, the App, the Services or by CarAdvise through any other means is the property of CarAdvise, and CarAdvise has the right to use or re-use such User Data.
As a general matter, by utilizing the Services, you grant CarAdvise permission to communicate with you as CarAdvise deems necessary via, as applicable, telephone, email, text message and/or alert via the App. Such communications may be regarding your account, the Services or other information from the Website or about CarAdvise. Such communications may be promotional in nature. You may opt-out of certain of these communications. To opt out of receiving certain types of communication from CarAdvise, please contact [email protected]. Please note that opting out of certain communications may limit your ability to use the Services, and that, if you chose to use the Services, there are certain communications you may not be able to opt out of at all. Standard data and message rates may apply for all text messages and alerts.
CarAdvise will not knowingly send you any communications containing any false, misrepresented, inaccurate, forged, obscured or misleading information.
You can close your user account at any time through the Website or the App. However, you will still be responsible for any fees you have incurred for Services. CarAdvise retains ownership of all User Data after you close your account, and reserves the right use such User Data for any future purposes.
RIGHT TO DENY ACCESS OR SUSPEND OR TERMINATE ACCOUNT
FEES AND PAYMENTS
CarAdvise may charge a per-transaction fee for your use of the Services (the “Transaction Fee”). The Transaction Fee shall be agreed upon between CarAdvise and you at the time upon which you approve or accept the subject transaction through the Website or App. The Transaction Fees may be a percentage of the underlying service, a flat fee or may be charged pursuant to any membership you may sign up for with CarAdvise.
CARADVISE PAID MEMBERSHIP ACCOUNTS
CarAdvise Premium and Elite membership accounts (the “Paid Membership Accounts”) provide access to greater savings and features in the Services than are available to non-paying members. CarAdvise reserves the right to modify the services and features included in the Paid Membership Accounts at any time in our sole discretion; we will notify you of any price decrease, increase, removal or addition of features included in the Paid Membership Accounts with 30 days’ notice or as soon as is practicable prior to implementing any such changes.
Premium Membership Account
If you register for a Premium Membership Account (“Premium Account”), you agree to pay an annual subscription fee (the “Premium Subscription Fee”) for your use of the Services as advertised within the Premium Account. We reserve the right to change the Premium Subscription Fee at our sole discretion at end of a Billing Cycle (as defined below). By selecting a Premium Account, you are authorizing CarAdvise to charge your Payment Method a recurring payment in the amount and at the frequency you have selected for a twelve-month period. You agree to pay the Premium Subscription Fee on a monthly basis and authorize CarAdvise to charge your Payment Method on file that amount at the time you sign up for the Paid Membership Account and every 30 days thereafter (the “Billing Cycle”). The Premium Subscription Fee is non-refundable, except as otherwise required by applicable law. You may cancel your Premium Account at any time by contacting us at [email protected], in which event the Premium Subscription Fee for the remainder of the Billing Cycle will become immediately due and payable. By signing up for the Premium Account, you authorize CarAdvise to charge your Payment Method the full balance of your Premium Subscription Fee should you cancel your Premium Account prior to the expiration of the annual term. Without cancellation, your membership in the Premium Account will renew automatically for an additional twelve-month period and your Payment Method will be charged another Premium Subscription Fee.
Elite Membership Account
If you register for an Elite Membership Account (“Elite Account”), you agree to pay an annual subscription fee (the “Elite Subscription Fee”) for use of the Services as advertised within the Elite Account. We reserve the right to change the Elite Subscription Fee at our sole discretion at end of a Billing Cycle (as defined below). By selecting an Elite Account, you are authorizing CarAdvise to charge your Payment Method a recurring payment in the amount and at the frequency you have selected for a twelve-month period. You agree to pay the Elite Subscription Fee on a monthly basis for the twelve-month period agreed to and authorize CarAdvise to charge your Payment Method on file that amount every 30 days thereafter (the “Billing Cycle”). The Elite Subscription Fee is non-refundable, except as otherwise required by applicable law. You may cancel your Elite Account at any time by contacting us at [email protected], in which event the Elite Subscription Fee for the remainder of the Billing Cycle will become immediately due and payable. By signing up for the Elite Account, you authorize CarAdvise to charge your Payment Method the full balance of your Elite Subscription Fee should you cancel your Elite Account prior to the expiration of the annual term. If you cancel your Elite Account within five days of your Elite Account enrollment date, you will not owe or be charged the balance of your annual term. Without cancellation, your membership in the Elite Account will renew automatically for an additional twelve-month period and your Payment Method will be charged another
Elite Subscription Fee.
APPOINTMENT CANCELLATIONS AND REFUNDS
Reservations for appointments with Maintenance Providers (each, an “Appointment”) booked or purchased through the Website or App are non-refundable unless the applicable Maintenance Provider has also agreed to provide you with a full refund of its fees, in which case CarAdvise will also refund you for its fees for Services related to the Appointment at the refunding Maintenance Provider. You can cancel an Appointment for any reason within two days prior to the scheduled date of the Appointment, unless noted otherwise. If you cancel an Appointment with a Maintenance Provider within the two-day period, the applicable Maintenance Provider may charge you a cancellation fee pursuant to its own Cancellation policies. In addition, CarAdvise reserves the right to charge you a $1 cancellation fee for each cancellation of a scheduled Appointment within two days of the Appointment.
RESPONSIBILITY FOR CONTENT
You access all content and information (including Vehicle Content) displayed on the Website, the App or otherwise pursuant to the Services at your sole risk. We aren’t liable for any errors or omissions in such content or information, or for any damages or loss you might suffer in connection with it. You are solely responsible for interactions with other users of the Services.
If there is a dispute between users of the Services, or between users and any third party, you agree that we are under no obligation to become involved. In the event that you have a dispute with one or more other users, you release CarAdvise, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services.
THE SERVICES ARE PROVIDED BY CARADVISE ON AN “AS IS” BASIS. NO WARRANTY IS OFFERED OR IMPLIED. WE DISCLAIM ALL WARRANTIES WITH RESPECT TO THE SERVICES, AND TO ANY INFORMATION AVAILABLE ON THE WEBSITE AND THE APP OR OTHERWISE PURSUANT TO THE SERVICES. THIS INCLUDES ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY OR REPRESENTATION REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE SERVICES, OR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED PURSUANT TO THE SERVICES, OR THAT ANY INFORMATION WILL MEET ANY OF YOUR REQUIREMENTS. WE MAKE NO WARRANTY THAT YOUR ACCESS TO THE WEBSITE AND THE APP WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. WE ARE NOT RESPONSIBLE FOR THE TIMELINESS, DELETION, MISDELIVERY OR FAILURE TO STORE ANY OF YOUR COMMUNICATIONS.
You acknowledge and agree that your use of the Services and any information or content available through the Services is at your discretion and risk. You are solely responsible for any damage to your computer system or loss of data that may result from your use of the Internet or your access or use of the Services, including, without limitation, the Website and the App.
No advice or information, whether written or oral, obtained from us or from or as a result of the Services creates any warranty.
IN NO EVENT WILL CARADVISE OR ANY OF ITS OFFICERS, AFFILIATES, DIRECTORS, ADVISORS, MEMBERS, REPRESENTATIVES, OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, DAMAGES: (1) FOR LOSS OF USE, DATA, INFORMATION, PROFITS OR BUSINESS INTERRUPTION; OR (2) ARISING OUT OF OR IN ANY WAY RELATED TO: A) ANY INFORMATION OBTAINED THROUGH OR RELATED TO THE SERVICES, B) ANY SITE LINKED TO OR FROM THE WEBSITE OR THE APP, C) ANY INABILITY TO USE THE WEBSITE, THE APP OR ANY OF THE SERVICES, OR D) OTHERWISE ARISING OUT OF OR RELATED TO THE USE OR PERFORMANCE OF THE SERVICES. THIS LIMITATION APPLIES WHETHER BASED IN TORT, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SERVICES.
Some states do not allow the exclusion or limitation of incidental or consequential damages, so some of the above limitations may not apply to you.
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
All content on the Website and the App, and otherwise appearing on or related to the Services in any way, such as, without limitation, Vehicle Content, User Data, documents, materials, text, graphics, logos, button icons, images, audio clips, digital downloads, trade dress, data compilations and software and any other information or content provided through the Services (collectively, the “Services Content”) is the property of CarAdvise or our suppliers and is protected by United States and international copyright laws. You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in any Services Content that you access through the Services, and you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell or otherwise exploit for any purpose any Services Content not owned by you, (i) without the prior written consent of the owner of that Services Content or (ii) in a way that violates someone else’s rights, including the rights of CarAdvise.
The Services Content appearing on the Website and the App is also distinctive and protected trademarks or trade dress of CarAdvise or our affiliates. The Website and the App may also contain various third-party names and marks that are the property of their respective owners.
Any unauthorized use of the Services Content or any other intellectual property is strictly prohibited and may be prosecuted to the fullest extent that the law provides.
We are not responsible for, and have no control over, the contents of any sites linked to, referenced by, or accessible from the Website and the App, or any site that links to the Website and the App. Any links or references are provided for your convenience, and are not intended as an endorsement by CarAdvise or a warranty of any type regarding any sites or the products, services, information or materials on any sites. Your linking to or otherwise visiting any other site is at your own risk, and we accept no liability for the contents, accuracy or currency of any other site. We assume no responsibility, and is not liable, for any transmission or material, or any viral infection of your computer equipment or software, or any other types of damage related to your access, use of or browsing in this or any other site.
INTERPRETATION & DISPUTES
Transmissions over the Internet are never 100% secure or error-free. We take reasonable steps to protect your User Account and any personal information you may submit from loss, misuse, and unauthorized access, disclosure, alteration and destruction, but we are in no event responsible for liability related to any security breach of the Website or the App.