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Terms of Use
TERMS OF USE PROVISIONS 1. ABOUT THIS SERVICE This site is meant to supplement - not replace - a regular scheduled maintenance program and the use of qualified technicians. This site makes information collected by your car's computer available to you. It does not provide automotive repair advice. Always seek the advice of your personal mechanic, dealership or an ASE Certified automotive technician with any questions you may have regarding vehicle maintenance or concerns. 2. DEFINITIONS CarCheckup.com is the web site maintained on the World Wide Web by CarCheckup, LLC. "The site" or "site" refers to CarCheckup.com. "User," or collectively "Users," refers to any party who accesses the site. "CarCheckup" refers to CarCheckup, LLC. "Access" means viewing or otherwise obtaining information located on CarCheckup.com. "Agreement" refers to these Terms of Use and any subsequent modification. 3. ACCEPTANCE OF TERMS By accessing the site via the World Wide Web or any other medium, User accepts and agrees to all conditions imposed in this Terms of Use Agreement. CarCheckup reserves the right to modify these Terms of Use at any time without notice to User, including imposing a fee to access certain materials contained on the site. Any change in these Terms of Use is effective immediately upon User's receipt of notice from CarCheckup. Notice can be given through e-mail, posting on the site or any other means by which User may obtain notice. Users should periodically check these Terms of Use for changes. Any use of the site after changes have been made shall be deemed acceptance of those changed Terms of Use. CarCheckup has the exclusive right to control accessibility, hours of use, features on the site and any other information found on the site. CarCheckup can restrict access to any or all portions of the site or remove any information or content from the site at any time. CarCheckup reserves the right to monitor use of the site. User is solely responsible for providing the equipment related to accessing the site, including all computer, remote communications equipment, telephone or other equipment. 4. DISCLAIMER AND LIMITATION OF LIABILITY Although CarCheckup has attempted to provide accurate information on the site, it makes no guarantee or warranty, express or implied, as to the reliability, accuracy, timeliness or completeness of that information and assumes no responsibility for any errors or omissions therein. USER ACCESSES THIS SITE AT HIS OR HER OWN RISK. THE SITE IS PROVIDED ON AN "AS IS, AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND AND ANY AND ALL WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT ARE SPECIFICALLY DISCLAIMED. NEITHER CARCHECKUP NOR ITS AFFILIATES, EMPLOYEES, AGENTS OR THIRD PARTY CONTENT PROVIDERS SHALL BE LIABLE FOR ANY LOSS RESULTING FROM USE OR UNAVAILABILITY OF INFORMATION OR CONTENT ON THIS SITE, INCLUDING BUT NOT LIMITED TO ANY LOST PROFITS, LOSS OR DAMAGE TO DATA, OR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, COMPENSATORY OR INCIDENTAL DAMAGES, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS DISCLAIMER IS APPLICABLE TO ANY DAMAGE OR INJURY RESULTING FROM NEGLIGENCE OR OMISSION OF CARCHECKUP, COMPUTER VIRUS OR OTHER SIMILAR ITEM, TELECOMMUNICATIONS ERRORS, OR UNAUTHORIZED ACCESS TO OR USE OF USER INFORMATION THROUGH THEFT OR ANY OTHER MEANS. CARCHECKUP IS NOT LIABLE FOR CRIMINAL, TORTIOUS, OR NEGLIGENT ACTIONS OR OMISSIONS OF THIRD PARTIES THAT AFFECT THIS SITE. IN NO EVENT WILL CARCHECKUP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS OR THIRD PARTY CONTENT PROVIDERS BE HELD LIABLE FOR ANY TORTIOUS OR ILLEGAL CONDUCT OF OTHER USERS. IN NO EVENT WILL CARCHECKUP OR ANY OF ITS AFFILIATES, AGENTS, EMPLOYEES OR ASSIGNS BE HELD LIABLE FOR ANY DAMAGE TO EQUIPMENT, HARDWARE OR OTHER PROPERTY OF USER OR PERSONAL INJURY THAT ARISES IN CONNECTION WITH USE OF THE SITE. 5. Privacy User should review the Privacy Statement for this site, which is incorporated by reference into this Terms of Use Agreement. 6. User Accounts. If you establish an account at this site in order to purchase products or receive information from us, you are responsible for maintaining the confidentiality of your account and your password. By establishing an account, User agrees to accept responsibility for all activities that occur at the site under your account and password. CarCheckup reserves the right, in its sole discretion, to refuse service, cancel orders or terminate your account. 7. Risk of Loss. The risk of loss for all products purchased from the site passes to Users upon the delivery of the products by CarCheckup to the carrier. 8. COPYRIGHT AND MARKS All content on the site (with the exception of content provided by CarCheckup's third party content providers and materials posted by Users) are the copyrighted property of CarCheckup. Other than the download to the viewer's computer that is inherent in viewing a web page, site contents may not be copied, reproduced, modified, published, uploaded, posted, transmitted, "framed" on another site, or distributed in any way without the prior written consent of CarCheckup. Users must retain all copyright and other proprietary notices on any authorized reproductions of any portion of the site. Any third party marks and content appearing on the site are the property of their respective owners. You are not permitted to use any of these third party marks or content without permission of the respective owner. Users posting their own content on the site pursuant to the terms of this Agreement retain the copyright in such material, but they are deemed to have given CarCheckup a license to the material sufficient for the purposes of operating the web site, which means CarCheckup can copy the material for backup and archival purposes, display it on the web site, allow viewers to view it (including by downloading a copy to the viewer's machines) and edit it for length or compliance with the rules applicable to User postings on the site. This license is perpetual, worldwide, transferable as part of any transfer of the web site in whole or in part, and fully-paid up. CarCheckup also has the right to remove User content from the site at any time for any purpose. 9. PROHIBITED CONDUCT User expressly agrees to refrain from doing, either personally or through an agent, any of the following: (a) Use any device or other means to harvest information about other Users. (b) Transmit, install, upload or otherwise transfer any virus or other item or process to the site that in any way affects the use, enjoyment or service of the site. (c) Transmit, install, upload or otherwise transfer any virus or other item to the site that in any way affects the use, enjoyment or service of any User's or CarCheckup employee's computer or other medium used to access the site. (d) Post any material on the site that is offensive to any other User. CarCheckup maintains the exclusive right to determine what is offensive. (e) Post or store on the site any content that violates or infringes the intellectual property rights of others (including but not limited to copyrights, trademarks, trade secrets, patents and publicity rights). (f) Modify the information, including headers, found on the web site. (g) Transmit, install, upload or otherwise transfer to the site any unauthorized advertisement or communication. (h) Engage in any action which CarCheckup determines is detrimental to the use and enjoyment of the web site. (i) Use the web site for any unlawful or defamatory means. (j) Transmit, install, upload, post or otherwise transfer any information in violation of the laws of the United States or post any information that could result in civil unrest. 10. THIRD PARTY CONTENT CarCheckup is not the publisher or speaker of any information on the site that is provided by third party content providers or by Users, and CarCheckup is not liable for any claims related to that information. Any mention on the site of products or services provided by third parties is for informational purposes only and constitutes neither an endorsement nor a recommendation by CarCheckup. CarCheckup assumes no responsibility for those products or services. Any dealings among any User and any third parties mentioned on or found through the site are solely between the Users and the third parties, and are subject to any terms, conditions, warranties or representations associated with those dealings. CARCHECKUP MAKES NO WARRANTY, EITHER EXPRESSED OR IMPLIED, OF THE ACCURACY, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE INFORMATION PROVIDED BY THIRD PARTIES. THIS INCLUDES, BUT IS NOT LIMITED TO, ANY INFORMATION FOUND ON A LINK LOCATED ON THIS SITE THAT ALLOWS USERS TO ACCESS INFORMATION FOUND ON ANOTHER SITE. ADDITIONALLY, CARCHECKUP DOES NOT WARRANT THE EXISTENCE OR FUNCTIONALITY OF ANY SITE WHICH CAN BE ACCESSED THROUGH A LINK LOCATED ON THIS SITE. 11. INDEMNIFICATION User agrees to defend, indemnify and otherwise hold harmless CarCheckup and its officers, directors, agents, employees and assigns from and against any cause of action or claim, including legal fees, related to User's use of the site. 12. SECURITY Users are prohibited from violating or attempting to violate the security of the site. CarCheckup will investigate occurrences of possible violations and will cooperate with all applicable law enforcement authorities in prosecuting violators. 13. TERMINATION OF AGREEMENT Either CarCheckup or User may terminate this Agreement at its discretion. In addition to CarCheckup's other rights, CarCheckup may terminate access to this site or cancel membership to any service that CarCheckup provides on the site, if User breaches this Agreement in any way or engages in conduct that CarCheckup deems inappropriate. In the event of termination of this Agreement, the provisions in this paragraph and the provisions found in Paragraphs 4, 8, 9, 10, 11, 12 and 16 shall survive. 14. LINKS User is granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the site so long as the link does not portray CarCheckup or its products or services in a false, misleading, derogatory, or otherwise offensive matter. User may not use any CarCheckup logo or other proprietary graphic or trademark as part of the link without express written permission. CarCheckup reserves the right to terminate any link found on the site at any time. User may not utilize framing techniques to enclose any trademark, logo, or other CarCheckup proprietary information (including images, text, page layout or form) or use any meta tags or any other "hidden text" utilizing CarCheckup's name or trademarks without CarCheckup's express written consent. 15. COPYRIGHT PROTECTION CarCheckup honors the intellectual property rights of others and asks the same of Users of the site. CarCheckup may, in its sole discretion, terminate the accounts or access rights of Users whose actions infringe or otherwise violate the intellectual property rights of others. If you believe your work has been infringed, please provide CarCheckup with the following information: (a) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) Identification of the copyright work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; (c) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit CarCheckup to identify the material; (d) Information that is reasonably sufficient to permit CarCheckup to contact the complaining party, such as address, telephone number and, if available, e-mail address; (e) A statement that the complaining party has a good faith belief that use of the material in a manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. CarCheckup can be contacted at: Webmaster 13857 Stone Haven Drive Carmel, IN 46033 E-mail: webmaster@CarCheckup.com 16. MISCELLANEOUS These Terms of Use constitute the entire agreement between CarCheckup and User regarding the subject matter hereof. Any previous agreement, whether oral or written, between CarCheckup and User dealing with the subject matter hereof is superseded. If any portion of this Agreement is found to be unenforceable for any reason, such portion will be deemed severed and will not affect the enforceability of the remaining terms. Upon User's breach of this Agreement, CarCheckup may pursue any legal or equitable remedy available, including but not limited to, direct, consequential and punitive damages and injunctive relief. CarCheckup's remedies are cumulative and not exclusive. Failure of CarCheckup to exercise any remedy or enforce any portion of this Agreement at any time shall not operate as a waiver of any remedy or of the right to enforce any portion of the Agreement at any time thereafter. User agrees that regardless of any statute or law to the contrary, any claim or action arising out of or regarding this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. CarCheckup makes no representation that the content of the site is appropriate or available for use in all locations. Users of this site are responsible for compliance with all applicable local laws. Any dispute arising out of this Agreement shall be governed by the laws of the State of Indiana, U.S.A., notwithstanding any conflicts of law principles. Any action relating to this Agreement must be filed and maintained in a state or federal court located in Marion County, State of Indiana, U.S.A., and each User consents to exclusive jurisdiction and venue in such courts for such purpose. *Agree to terms of use and privacy policy.

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