Applicability and Acceptance
1. User License
b. User Conduct
You agree that your use of the Sites is subject to all applicable local, state and federal laws and regulations. You also agree:
- not to use the Sites or the Services or submit content to the Sites if you are under the age of 13;
- not to access the Sites using a third-party’s account/registration without the express consent of the account holder;
- not to use the Sites of the Services for illegal purposes;
- not to use the Sites to engage in commercial activities apart from sanctioned use of CARCARE Promotions Services;
- not to copy any content from the Sites for republication in print or online;
- not to attempt to gain unauthorized access to other computer systems from or through the Sites;
- not to interfere with another person’s use and enjoyment of the Sites or another entity’s use and enjoyment of the Sites;
- not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
- not to disrupt, interfere with, or otherwise harm or violate the security of the Sites, or any system resources, accounts, passwords, servers or networks connected to or accessible through the Sites or affiliated or linked sites (including those of our partners).
2. Site Content
Nature of User Material. At times, the Sites may allow you and others to post, transmit, display, publish, distribute, or otherwise submit public user generated material including, but not limited to, reviews of the Services offered by CARCARE Promotions or its partners (collectively, “Submissions”). You agree not to create any Submission that:
- contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination or hate;
- is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
- unfairly interferes with any third party’s uninterrupted use and enjoyment of the Sites;
- is intended primarily to promote a cause or movement, whether political, religious or other;
- contains copyrighted content (copyrighted articles, illustrations, images, text, or other content) without the express permission of the owner of the copyrights in the content;
- constitutes, promotes or encourages illegal acts, the violation of any right of any individual or entity, the violation of any local, state, national or international law, rule, guideline or regulation, or otherwise creates liability;
- discloses any personal identifying information relating to or images of a minor;
- infringes any copyright, trademark, patent, trade secret, or other intellectual property right;
- contains viruses or other harmful, disruptive or destructive files;
- links to any commercial or other website; and/or
a. User Representations and Warranties
Each time you provide a Submission to the Sites, you represent and warrant that you have the right to provide such Submission, which means:
- you are the author of the Submission, or
- the Submission is not protected by copyright law, or
- you have express permission from the copyright owner to use the Submission in connection with the Sites; and
b. User License Grant to CARCARE Promotions
c. Disclaimer of Responsibility for Material
Submissions are not endorsed by CARCARE Promotions, and do not represent the views of CARCARE Promotions or its parents, subsidiaries and affiliates, agents, officers or directors. You acknowledge and agree that CARCARE Promotions does not control all Submissions, and disclaims any responsibility for such Submissions. CARCARE Promotions specifically disclaims any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any Submissions. In addition, CARCARE Promotions does not represent or warrant that any other content or information accessible via the Sites is accurate, complete, reliable, current or error-free including the pricing, hours of operation or, as applicable, parking accessibility available from its partners. Prices are subject to change without notice. CARCARE Promotions assumes no responsibility or liability for any errors or omissions in the content provided via the Sites.
d. Review & Removal of Material.
CARCARE Promotions reserves the right (but disclaims any duty, obligation or responsibility) to review, screen, refuse to post, remove in their entirety, or edit (at any time and without prior notice) any Submissions for any reason or no reason whatsoever, in its absolute and sole discretion.
e. Proprietary Rights.
3. Termination And Modifications To The Sites
CARCARE Promotions reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Services or the availability of the Sites (or any part thereof).
5. Disclaimer of Warranties
The information, content, products, services, and materials available through the sites (whether provided by CARCARE Promotions, or a third party, are provided “as is” and “as available” without warranties of any kind, either express or implied. To the maximum extent permitted by law, CARCARE Promotions disclaims all representations and warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, title, non-infringement, freedom from computer virus, and implied warranties arising from course of dealing or course of performance.
6. Limitation of Liability
In no event shall CARCARE Promotions be liable to you for any direct, indirect, special, punitive, incidental, exemplary or consequential damages, or any loss or damages whatsoever (even if CARCARE Promotions has been previously advised of the possibility of such damages), whether in an action under contract, negligence, or any other theory, in any manner arising out of or in connection with the sites or the services provided by CARCARE Promotions. CARCARE Promotions assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, browsing of, or downloading of any material from via the sites. CARCARE Promotions assumes no responsibility or liability in any manner arising out of or in connection with any information, content, products, auto washing or detailing services, or material available on or through the sites, as well as any third party website pages or additional websites linked to via the sites, for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, inaccuracy contained therein or harm to person or property caused thereby. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. In no event shall CARCARE Promotions’ total liability to you for all damages, losses and causes of action, whether in contract, tort (including but not limited to, negligence) or otherwise, for all services provided by CARCARE Promotions exceed the amount paid by you to CARCARE Promotions.
7. Your Account, Password, and Security
Use of Sites requires that you register and/or create an account (“Account”) or use the Sites as a guest. To register and create an Account, you must select an account designation and password and provide certain personal information. In consideration of the use of the Sites and the Services provided by CARCARE Promotions, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or CARCARE Promotions has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, CARCARE Promotions has the right to refuse any and all current or future use of the Sites (or any portion thereof) or Services.
You are responsible for maintaining the confidentiality and security of your Account and password, and you are fully responsible for all activities that occur under your password or Account, and for any other actions taken in connection with the Account or password. You agree to (a) immediately notify CARCARE Promotions of any known or suspected unauthorized use(s) of your password or Account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password or credit card information; and (b) ensure that you exit from your Account at the end of each session. CARCARE Promotions will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your Account and/or password.
As a courtesy to you, the Sites may offer links to other websites. Some of these websites may be affiliated with CARCARE Promotions while others are not. CARCARE Promotions is not responsible for the contents of any website pages created and maintained by organizations independent of CARCARE Promotions. Visiting any such third-party website pages is at your own risk. CARCARE Promotions has no control of these third-party website pages, nor can it guarantee the accuracy, completeness, or timeliness of information in third-party website pages. Your use of such information is voluntary, and your reliance on such information should be made only after independent review. References to commercial products or services within any such third-party website pages do not constitute or imply an endorsement by CARCARE Promotions. By using the Sites you acknowledge that CARCARE Promotions is responsible neither for the availability of, nor the content located on or through any third-party website pages.
CARCARE Promotions®, is a CARCARE Promotions trademark. Such trademark and other marks, logos, and names of CARCARE Promotions or the Sites, used on or in connection with the Sites may not be used in connection with any product or service that is not under CARCARE Promotions’ ownership or control. Furthermore, such trademarks may not be used in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits CARCARE Promotions. All other trademarks not owned by CARCARE Promotions (or its affiliates) that appear on the Sites are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by CARCARE Promotions or its affiliates.
11. Jurisdiction, Applicable Law, and Limitations
b. Entire Agreement
c. No Waiver
d. Headings & Construction
e. Contact Information