CARS provides a platform to enable clients to manage web applications ("App" or "Apps") as well as related support. CARS in turn makes the Apps available to their Partners ("End Users") for use. We offer various services to you, the "User", through our web site and our Apps which are available online (collectively, the "Service" or "Services"), all of which are conditioned on your agreement to adhere to the following Terms of Service without modification of any kind. Your use of the Service or your registration with us constitutes your agreement to these Terms of Service. These Terms of Service are subject to change at any time, without prior notice. You are responsible for reviewing these Terms of Service on a regular basis. These Terms of Service apply to all visitors and all who access our Services.
We respect the privacy and security of our Users. You understand that by using our Services, you give consent to the collection, use and disclosure of our personally identifiable information as well as any non-personally identifiable information.
By connecting with a third-party service (e.g., Facebook,Twitter, LinkedIn, Google+), you give us express permission to access and use your information from that service as permitted by that third-party service.
In connection with your use of the Service, you agree and represent as follows: You are of legal age (at least 13 years of age) and are otherwise capable of forming a legally binding contract: By using the Service, you are granting us permission to access your account and those messages, data, information, text, graphics, audio, video or other material and content of any kind posted/uploaded/transmitted to or through the Service using your account, as necessary to permit CARS to aid its partners or affiliates in the use of the software. You agree that you will not use the Service in a manner that is inconsistent with the rights as set forth in this Terms of Service. You are responsible for maintaining the security of your Account and password. We are not liable for any loss or damage from your failure to comply with this security obligation.
RESPONSIBILITY FOR USER CONTENT
We respect the rights of third party creators and content owners and expect that you will do the same. Given the nature of the Service and the volume of information submitted, we cannot and do not monitor all of the Materials (defined below) posted or transmitted by you and other third-party information providers via the Service. You agree that we: (a) will not be liable for Materials and (b) reserve the right to review, reject, delete, remove, modify, or edit any Materials at any time for any reason, without liability and without notice to you. We reserve the right, but are not obligated, to remove User Content from the Service for any reason, including User Content that we believe violates these Terms or our Acceptable Use Policy below. It is our policy to respond to all claims of intellectual property infringement. We will investigate notices of alleged infringement and will take appropriate actions required under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA") and other applicable intellectual property laws.
The following is a partial list of the kinds of activities that are prohibited on or through the Service: (a) submitting Materials that are patently offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual; (b) engaging in activities or submitting Materials that could be harmful to minors; (c) engaging in activity or submitting Materials that harasses or advocates harassment of another person; (d) engaging in activity that involves the transmission of "junk mail" or unsolicited mass mailing or "spam" or harvesting or otherwise collecting personally identifiable information about Service users, including names, phone numbers, addresses, email addresses, (collectively, "User Data") without their consent; (e) engaging in activity, or submitting Materials, or promoting information that is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous; (f) submitting Materials that contain restricted or password only access pages, or hidden pages or images; (g) submitting Materials that displays pornographic or sexually explicit material of any kind; (h) submitting Materials that provide instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses; (i) submitting Materials that contain viruses, Trojan horses, worms, or any other similar forms of malware, (j) engaging in activities or submitting Materials that solicit passwords or personally identifiable information for unlawful purposes from other users; (k) engaging in unauthorized commercial activities and/or sales without our prior written consent such as advertising, solicitations, contests, sweepstakes, barter, and pyramid schemes; (l) using any robot, spider, other automatic device, or manual process to monitor, copy, or "scrape" web pages or the content contained in the Service or for any other unauthorized purpose without our prior written consent; (m) using any device, software, or routine to interfere or attempt to interfere with the proper working of the Service; (n) decompiling, reverse engineering, or disassembling the software or attempting to do so; or (o) taking any action that imposes an unreasonable or disproportionately large load on the Service or our hardware and software infrastructure or that of any of its Licensors or Suppliers. In addition, you covenant and represent that you will not use the Service for any purpose other than those that are personal, nor will you use this Service in violation of the law or these Terms of Service.
We allow Users to post and share in their discretion various content on the Service. Unless otherwise agreed in writing signed by us, by submitting content, including your profile, adding photos, video, data or other materials directly through the Service or suggesting any ideas or feedback (collectively, "Materials"), you hereby grant to us a royalty-free, perpetual, irrevocable, fully transferable, sublicenseable, nonexclusive right and license to use, access, store, copy, modify, re-post, rearrange, display, distribute, reproduce, perform, create derivative works from, and otherwise use and exploit all such Materials in any form, media, software or technology of any kind now existing or developed in the future and the right to sublicense the foregoing rights through multiple tiers without compensation to you. You also agree to indemnify, defend and hold us harmless from and against any claims or costs, including attorneys' fees, arising from the use or distribution of those Materials. While we are not under any obligation to monitor content provided by Users, we may, in its sole determination, remove any content that we deem objectionable, offensive, unlawful or in violation of these Terms of Service. Subject to the license above, you retain all of your rights in all of the Materials you post to our Service.
WARRANTIES AND INDEMNIFICATION
You hereby represent and warrant that: (a) you have all necessary authority, rights and permissions to submit the Materials and grant the licenses described in these Terms of Service, (b) the Materials are accurate, current and complete, (c) the Materials and your use of the Service shall not infringe or misappropriate any copyright, trademark, trade secret, patent, or other intellectual property right of any third party or violate any other rights of third party, including, without limitation, any rights of privacy or publicity or any contractual rights, (d) the Materials and your use of the Service shall not violate any applicable law or regulation or cause injury to any person; (e) your use of the Service shall not violate any agreements between you and a third party. You agree to indemnify, defend and hold harmless us, and its officers, directors, employees, agents, and contractors and suppliers from and against any and all claims, costs, demands, damages, liabilities, or expenses, including, without limitation, reasonable attorneys' fees, arising from or related to: (a) the Materials you provide or approve for publication, (b) your use of the Service, (c) CARS use of the service on your behalf, (d) your breach of these Terms of Service, or (e) any actual, prospective, completed or terminated purchase, sale or other transaction between you and a third party.
We intend that the information contained in our Service be accurate and reliable; however, errors sometimes occur. From time to time, we may issue an update to the Service which may add, modify, and/or remove features from the Service. These updates may be launched automatically with little or no notice, although we may make reasonable efforts to notify you in advance of an upcoming update. The service and the information, software, products and services associated with it are provided "as is." we and/or our suppliers, licensors, partners and affiliates disclaim any warranty of any kind, whether express or implied, as to any matter whatsoever relating to the service and any information, software, products and services provided herein, including without limitation the implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Use of our service is at your own risk. We and/or our suppliers, are not liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury arising out of or in any way connected with the use of our service or with the delay or inability to use the services, or for any information, software, products and services obtained through us, or otherwise arising out of the use of the service, whether resulting in whole or in part, from breach of contract, tortious behavior, negligence, strict liability or otherwise, even if we and/or our suppliers had been advised of the possibility of damages. Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. We are not responsible for any errors or delays or other technical problems beyond our reasonable control.
USE OF THIRD PARTY SERVICES
As a part of our Service, CARS may offer links to web sites or applications operated by various third parties and is not responsible or liable for any acts or omissions created or performed by these third parties. We provide such links for your convenience and reference only. CARS does not operate or control in any way any information, software, products or services available on such web sites or applications. Our inclusion of a link to a web site or application does not imply any endorsement of the services or the site, its contents, or its sponsoring organization.
If any dispute, claim or controversy arises under this Agreement, such dispute shall be resolved by binding arbitration before a single arbitrator in accordance with the Commercial Arbitration Rules of the American Arbitration Association ("AAA") then pertaining, except where such rules conflict with this section, in which case this section shall control. Any court with jurisdiction shall enforce this section and enter judgment on any award. The arbitrator shall be selected within twenty (20) Business Days from commencement of the arbitration from the AAA's National Roster of Arbitrators pursuant to agreement or through selection procedures administered by the AAA. Within forty-five (45) days of initiation of arbitration, the Parties shall reach agreement upon and thereafter follow procedures, including limits on discovery, assuring that the arbitration will be concluded and the award rendered within no more than six (6) months from selection of arbitrators or, failing agreement, procedures meeting such time limits will be designed by the AAA and adhered to by the Parties. The arbitration shall be held in San Diego County, California and the arbitrators shall apply the substantive law of the State of California, except that the interpretation and enforcement of this arbitration provision shall be governed by the Federal Arbitration Act.
You agree that: (i) the service shall be deemed solely based in California; and (ii) this service shall be deemed a passive web site and service that does not give rise to personal jurisdiction over us, either specific or general, in jurisdictions other than California. These terms of service shall be governed by the internal substantive laws of the state of California, without respect to its conflict of laws principles. These terms of service, and any other legal notices published by us on the service, shall constitute the entire agreement between you and us concerning this service and supersedes any prior written or oral representations. You and we agree that any cause of action arising out of or related to this service must commence within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred. These terms of service may not be transferred or assigned by you, but may be assigned by us without restriction. Any attempted transfer or assignment in violation hereof shall be null and void. All rights not expressly granted herein are reserved to us.
If you do not agree to the terms stated above or to any changes made in these terms, please exit this service immediately.