CAR HEROES TERMS OF SERVICE
Updated January 5, 2018
These Terms of Service are a legally-binding agreement (the "Agreement") between you ("you") and Car Heroes, LLC ("we" or "us") regarding your access and use of the CarHeroes.com website (the "Website"), products and services, including vehicle reports and experts access, (collectively, the "Services"). By using the Services, you are representing that you have read, you understand, and you agree to be bound by the terms of this Agreement. If you do not agree to be bound by the Agreement, then you must not access or use the Services.
All Services, including vehicle reports, expert’s access, vehicle news, reviews and videos are provided for entertainment purposes only. Neither we nor our mechanics and writers are dispensing specific professional advice, and we recommend that any potentially harmful or safety issue with your vehicle is checked out by a certified mechanic. You agree to take full responsibility for how you interpret and apply information provided as part of the Services, and to do so using common sense. You agree to consult with a licensed professional if you have a serious problem..
By using the Services, you are representing and warranting to us that you are an individual who is at least 18 years old and are legally capable of entering into and forming contracts under the applicable law. This section of the Agreement is void where prohibited.
To use some of the Services, you will be required to complete a registration form and provide a username and/or password. You agree that all personal information you provide to us, whether on the registration form or otherwise, will be current, complete and accurate, and that you will keep this information up to date by accessing your personal profile.
You agree that you will keep your username and password confidential, and that you will not share your account with anyone else. We will not be held liable for any losses or injury you experience as a result of unauthorized access of your account, username, or password, regardless of whether you knew about it or not. You understand that unauthorized use of your account by another could cause us, our affiliates, officers, directors, employees, consultants, agents and representatives losses and/or injury, for which you will be held liability. If you ever know or suspect that your username, password, or account have been used without your permission, you will notify us immediately.
Many of the Services are free, but a few require payment (“Paid Services”). If you ever provide us with your credit or debit card information, it means you are registering for Paid Services, and these payment terms apply.
a) Fee : When you register for Paid Services, you agree to pay us the fee, whether one- time, payment plan or monthly, in the amount indicated at the time of your registration. All late or declined payments will be subject to a late fee of 1.5% (or the highest mount allowed by law, whichever is lower) of the delinquent amount(s). Except to the extent prohibited by law, this late fee may be charged pending resolution of any disputes you have raised regarding the fees, but we will, of course, remove the late fee on disputed charges that are resolved in your favor.
b) Authorization for Recurring Charges : Whether a Paid Services fee is one-time, payment plan (a “Payment Plan”) or monthly (a “Monthly Fee”) will be disclosed to you at the time of your registration. You agree to read and be bound by all such disclosures, which are incorporated herein by reference. Payment Plans vary in length from 3 to 6 months depending on the package that you selected, and are billed on a monthly basis—that is, every thirty (30) days from the date of your registration–until the payment plan expires or you cancel pursuant to the terms of the following subsection. The Monthly Fee is billed on a monthly basis similar to a Payment Plan, from the date of your registration–until you cancel pursuant to the terms of the following subsection. You agree that the credit or debit card that you provided at registration (or a different card if you later update your account) (the “Active Card”) will be charged the Payment Plan or Monthly Fee, and you expressly authorize us to do the same without obtaining additional authorization from you every month. You agree that we are not responsible for any overdraft charges or fees you may incur from your bank or card issuer as a result of the Monthly Fee.
c) Refunds and Cancellations : We pride ourselves on our generous refund and cancellation policy. If you are not satisfied with a Paid Service, you may apply for a refund of the fee amount by contacting us at supportATcarheroes.com within thirty (30) days of your registration—so if your Paid Service is billed on a Payment Plan or Monthly Fee basis, you may request a refund of the most recent charge. For Paid Services that are billed on a Payment Plan or Monthly Fee basis, you may cancel your enrollment at any time by emailing us at supportATcarheroes.com.
d) Trial Promotions. : From time to time, we may offer various trial or other promotional services (“Trial Promotions”), which are subject to these Terms for Paid Services, except as otherwise stated in the promotional offers. To avoid payment of any Payment Plan or Monthly Fee associated with the Trial Promotion, you may cancel your Trial Promotion at any time before the expiration of the stated trial period by emailing us at supportATcarheroes.com. After expiration of the trial period, you will be billed the recurring Payment Plan or Monthly Fee and all refunds and cancellations will be subject to the Terms stated herein.
By registering for and using the Services, you expressly agree to receive email from us, including periodic email communications regarding the Services, new product offers, promotions, and other matters. You may remove your email address from our list at any time by contacting us at supportATcarheroes.com or following the unsubscribe procedures in the email you receive.
a) Your Content & License : As part of your use of the Services, you may be given the opportunity to post or upload content or information, including without limitation text, music, sound, photographs, video, graphics, data, or software, in any medium (collectively, “Your Content”). You always retain ALL rights to Your Content; however, in order to permit you to display Your Content through the Services, we are legally required to obtain a license to Your Content from you. Accordingly, you hereby grant to us the limited, nonexclusive right and license to copy, distribute, transmit, display, perform, create derivative works from, modify and otherwise use Your Content solely for the purpose of rendering the Services under this Agreement. Such limited right and license shall extend to no other materials or for any other purpose.
You represent and agree that Your Content does not include any content that infringes on any third party’s intellectual property or publicity/privacy rights, does not violate any applicable law or regulation, and does not contain any harmful material, such as viruses, Trojan horses, worms, time bombs, cancel bots, or other computer programming routines that are intended to damage or interfere with any system, data, or personal information.
b) Our Content & License : Subject to your compliance with this Agreement, we grant you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non- transferable license to use the Services. The Website and Services, or any portion thereof, may not be reproduced, duplicated, copied, modified, sold, resold, or distributed without our express written consent. Except as expressly set forth herein, this Agreement grants you no rights in or to our intellectual property or that of any other party. The license granted in this section is conditioned on your compliance with the terms and conditions of this Agreement. In the event that you breach any provision of this Agreement, Your rights under this section will immediately terminate.
a) Trademarks : Car Heroes and the “Car Heroes logo” (collectively, the “CH Marks”) are trademarks or registered trademarks of Car Heroes, LLC. Other trademarks, service marks, graphics, logos and domain names appearing on the Website may be the trademarks of third-parties. Neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to, or any license to reproduce or otherwise use, the CH Marks or any third-party trademarks, service marks, graphics, logos or domain names. You agree that any goodwill in the CH Marks generated as a result of your use of the Website and Services will inure to our benefit, and you agree to assign, and hereby do assign, all such goodwill to us. You shall not at any time, nor shall you assist others to, challenge our right, title, or interest in or to, or the validity of, the CH Marks.
b) Copyrighted Materials & Copyright Notice : All content and other materials available through the Website and Services, including without limitation the Car Heroes logo, design, text, graphics, and other files, and the selection, arrangement and organization thereof, are either owned by Car Heroes, LLC or are the property of our licensors and suppliers. Except as explicitly provided, neither your use of the Website and Services nor this Agreement grant you any right, title or interest in or to any such materials. Copyright © 2018 to the present, Car Heroes , LLC. ALL RIGHTS RESERVED.
YOU KNOWINGLY AND FREELY ASSUME ALL RISK WHEN USING THE SERVICES. YOU, ON BEHALF OF YOURSELF, YOUR PERSONAL REPRESENTATIVES, YOUR OFFICERS, DIRECTORS, AGENTS, PRINCIPALS, HEIRS, SUCCESSORS, AND ASSIGNS HEREBY VOLUNTARILY AGREE TO RELEASE, WAIVE, DISCHARGE, HOLD HARMLESS, DEFEND AND INDEMNIFY US AND OUR OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, REPRESENTATIVES, SUBLICENSEES, SUCCESSORS, AND ASSIGNS FROM ANY AND ALL CLAIMS, ACTIONS OR LOSSES FOR BODILY INJURY, PROPERTY DAMAGE, WRONGFUL DEATH, EMOTIONAL DISTRESS, LOSS OF PRIVACY OR OTHER DAMAGES OR HARM, WHETHER TO YOU OR TO THIRD PARTIES, WHICH MAY RESULT FROM YOUR USE OF THE WEBSITE AND SERVICES.
a) NO WARRANTIES : Car Heroes, LLC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, HEREBY DISCLAIMS ALL WARRANTIES. THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE MAXIMUM EXTENT PERMITTED BY LAW, Car Heroes, LLC, ON BEHALF OF ITSELF AND ITS LICENSORS AND SUPPLIERS, EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT. NEITHER Car Heroes, LLC NOR ITS LICENSORS OR SUPPLIERS WARRANTS THAT THE WEBSITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS, THAT THE OPERATION OF THE WEBSITE OR THE SERVICES WILL BE UNINTERRUPTED OR ERROR- FREE. NEITHER Car Heroes, LLC NOR ITS LICENSORS OR SUPPLIERS HAS ANY LIABILITY WHATSOEVER FOR YOUR USE OF THE WEBSITE OR SERVICES.
b) YOUR RESPONSIBILITY FOR LOSS OR DAMAGE; BACKUP OF DATA : ALTHOUGH Car Heroes, LLC IMPLEMENTS REASONABLE PROCEDURS TO ENSURE YOUR FORUM DATA IS BACKED UP REGULARLY, YOU AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. YOU WILL NOT HOLD Car Heroes, LLC OR ITS LICENSORS AND SUPPLIERS, AS APPLICABLE, RESPONSIBLE FOR ANY LOSS OR DAMAGE THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION ANY LOSS OR DAMAGE TO ANY OF YOUR COMPUTERS OR DATA. THE INFORMATION AND SERVICES MAY CONTAIN BUGS, VIRUSES, ERRORS, PROBLEMS OR OTHER LIMITATIONS.
IMPORTANTLY, YOU HEREBY ACKNOWLEDGE THAT A CATASTROPHIC DISK FAILURE OR OTHER EVENT COULD RESULT IN THE LOSS OF ALL OF THE DATA RELATED TO YOUR ACCOUNT. YOU AGREE AND UNDERSTAND THAT IT IS YOUR RESPONSIBILITY TO BACKUP YOUR DATA TO YOUR PERSONAL COMPUTER OR EXTERNAL STORAGE DEVICE AND TO ENSURE SUCH BACKUPS ARE SECURE.
c) LIMITATION OF LIABILITY : THE LIABILITY OF Car Heroes, LLC AND ITS LICENSORS AND SUPPLIERS IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Car Heroes, LLC OR ITS LICENSORS OR SUPPLIERS BE LIABLE FOR SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, LOST PROFITS, LOST DATA OR CONFIDENTIAL OR OTHER INFORMATION, LOSS OF PRIVACY, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, FAILURE TO MEET ANY DUTY INCLUDING WITHOUT LIMITATION OF GOOD FAITH OR OF REASONABLE CARE, NEGLIGENCE, OR OTHERWISE, REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR OF ANY ADVICE OR NOTICE GIVEN TO Car Heroes, LLC OR ITS LICENSORS AND SUPPLIERS ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE WEBSITE OR SERVICES. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION.
d) APPLICATION : THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS DO NOT IN ANY WAY LIMIT ANY OTHER DISCLAIMER OF WARRANTIES OR ANY OTHER LIMITATION OF LIABILITY IN ANY OTHER AGREEMENT BETWEEN YOU AND Car Heroes, LLC OR BETWEEN YOU AND ANY OF Car Heroes, LLC’S LICENSORS AND SUPPLIERS. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES OR THE LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE DISCLAIMERS, WAIVERS AND LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU. UNLESS LIMITED OR MODIFIED BY APPLICABLE LAW, THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. Car Heroes, LLC’S LICENSORS AND SUPPLIERS ARE INTENDED THIRD-PARTY BENEFICIARIES OF THESE DISCLAIMERS, WAIVERS AND LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU THROUGH THE WEBSITE OR OTHERWISE SHALL ALTER ANY OF THE DISCLAIMERS OR LIMITATIONS STATED IN THIS SECTION.
You agree to defend, indemnify and hold harmless us and our officers, directors, employees, agents, affiliates, representatives, sublicensees, successors, assigns, and Industry Professionals (collectively, the "Indemnified Parties") from and against any and all claims, actions, demands, causes of action and other proceedings (collectively, "Claims"), including but not limited to legal costs and fees, arising out of or relating to: (a) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (b) Your access to or use of the Website or Services; (iii) your provision to any of the Indemnified Parties of information or other data; (iv) your violation or alleged violation of any foreign or domestic, federal, state or local law or regulation; (v) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; or (vi) any goods or services you advertise or solicit through the Website and/or Services.
The Indemnified Parties will have the right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify or hold harmless the Indemnified Parties. You may not settle any Claim without the prior written consent of the concerned Indemnified Parties.
The Website, Services, and this Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Edmonton, Alebrta and shall be governed by and construed in accordance with the laws of the Province of Alberta without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.
a) Binding Arbitration : You agree that any dispute, of any nature whatsoever, between you and us arising out of or relating to the Website, Services, or this Agreement, shall be decided by neutral, binding arbitration before a representative of JAMS in Edmonton, Alberta unless we mutually agree to a different arbitrator, who shall render an award in accordance with the substantive laws of Alberta and JAMS' Streamlined Arbitration Rules & Procedures. A final judgment or award by the arbitrator may then be duly entered and recorded by the prevailing party in the appropriate court as final judgment. In all disputes, we each agree to bear our own attorneys’ fees. Regarding costs of the arbitration, if you initiate the action and your claim is for less than $2,500 (including all claims for attorneys’ fees, costs, and punitive damages), we will pay all arbitration costs unless the arbitrator finds that you brought the litigation without merit and in bad faith, in which case the arbitrator shall require you to pay half of the arbitration costs. If we initiate the action, or if you initiate the action and claim damages in excess of $2,500, then we agree that we will each pay half of the arbitration costs.
b) Restrictions Against Joinder of Claims : You agree that any arbitration shall be limited to each Claim individually. To the full extent under the law, (1) no arbitration shall be joined with any other arbitration; (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures; and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.
c) Remedies in Aid of Arbitration; Equitable Relief : This agreement to arbitrate will not preclude you or us from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration or confirm. an arbitral award, from a court of competent jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or us from applying to a court of competent jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. THE PROPER VENUE FOR ANY ACTION PERMITTED UNDER THIS SUBSECTION REGARDING “EQUITABLE RELIEF” WILL BE THE FEDERAL AND STATE COURTS LOCATED IN CLARK COUNTY, NEVADA; THE PARTIES HEREBY WAIVE ANY OBJECTION TO THE VENUE AND PERSONAL JURISDICTION OF SUCH COURTS.
a) Termination at will : Without limiting any other provision of this Agreement, either of us may terminate the Agreement without cause and at any time by providing notice in writing to the other party. If you are registered for Paid Services at the time of your termination, in order to avoid being billed for the next billing period, You must provide us with notice of termination as explained in Section 6(c) above.
This Agreement shall automatically terminate in the event that you breach any of your representations, warranties or covenants under this Agreement. Such termination shall be automatic, shall not require any further action by us, and may result in the automatic and immediate disabling of the Services.
b) Effect of Termination : Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website and Services. Upon termination, we may (but are not obligated to) in our sole discretion, rescind any Services and/or delete from our systems all of your personal information, content, and any other files or information that you made available to us. Subsequent to termination, we reserve the right to exercise whatever means we deem necessary to prevent your unauthorized use of the Services, including without limitation technological barriers such as IP mapping and direct contact with your Internet Service Provider.
b) Survival Upon termination, all rights and obligations created by this Agreement will terminate, except that Sections 5–7, 8(a) and 9–16 will survive any termination of this Agreement. For clarification, termination of this Agreement will not relieve you of your obligation to pay any fees owed to us.
All notices required or permitted to be given under this Agreement must be in writing. We shall give any notice by email sent to the most recent email address, if any, provided by you. You agree that any notice received from us electronically satisfies any legal requirement that such notice be in writing. YOU BEAR THE SOLE RESPONSIBILITY OF ENSURING THAT YOUR EMAIL ADDRESS ON FILE WITH US IS ACCURATE AND CURRENT, AND NOTICE TO YOU SHALL BE DEEMED EFFECTIVE UPON OUR SENDING OF AN EMAIL TO THAT ADDRESS. You shall give any notice to us by email at supportATcarheroes.com.
This Agreement may only be modified by a written amendment signed by an authorized executive of Car Heroes, LLC or by the unilateral amendment of this Agreement by Car Heroes, LLC and by the posting by us of such amended version. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. This Agreement and all of your rights and obligations hereunder will not be assignable or transferable by you without our prior written consent. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns. You and Car Heroes , LLC are independent contractors, and no agency, partnership, joint venture or employee-employer relationship is intended or created by this Agreement. Except to the extent expressly set forth above, there are no third-party beneficiaries to this Agreement. The headings in this Agreement are for the purpose of convenience only and shall not limit, enlarge, or affect any of the covenants, terms, conditions or provisions of this Agreement.