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Registration Agreement Terms

User Agreement
2CarPros.com INC. acts as a venue for entertainment purposes to allow anyone to ask or answer an automotive related question, at anytime, from anywhere. EMERGENCY QUESTIONS AND CRISIS SITUATIONS should be directed immediately by telephone or in-person to a qualified professional. 2CarPros.com INC. is not the appropriate venue to deal with emergency or crisis situations. In addition, we are not involved in the actual conversation between members and Experts. 2CarPros.com INC. does not edit, modify, filter, screen, or otherwise monitor the content of questions, answers, profiles, qualifications or comments or have any obligation to monitor the content. As a result, we have no control over the quality, safety or legality of the answers given, the truth or accuracy of the answers, the ability of Experts to answer questions. Because we are a venue, in the event that you have a dispute with one or more users, you release 2CarPros.com INC. (and our officers, directors, agents, parents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR"

Throughout this Site, certain terms, including "Expert", "Specialist", "Consultant" or "Advisor" may be used to refer to someone who claims to have certain knowledge, background or experience that may be useful in responding to a question posed by a user. Use of such terms provides no assurance that the person answering your question has any expertise or qualifications to give such advice. You acknowledge that 2CarPros.com INC. has not and cannot independently verify their qualifications. If you do not like any answer for any reason, your sole remedy is to disregard the answer. Notwithstanding the foregoing, 2CarPros.com INC. reserves the right, but is not obligated, to remove any content that it believes violates any of these Terms, including, without limitation, any objectionable or personally identifiable information.

1. Introduction
The following are the terms and conditions for use of the 2Carpros.com INC (2carpros.com). Professional Mechanics Online, which can be found at www.2carpros..com (the "Service" or "Site").  If you believe that any content on the Site (including, without limitation, Questions and Answers) violates any of these Terms, please e-mail webmaster@2carpros.com immediately. In addition, if you have any comments or feedback about another Customer, an Expert, an administrator or a moderator you should inform us privately via our private messenger tool or via direct e-mail to webmaster@2carpros.com. 2CarPros.com INC. reserves the right to refuse service to anyone at any time without notice for any reason.

2. Definitions
In the terms and conditions that follow, the terms "user," "you" and "your" refer to the individual or organization that creates a 2CarPros.com INC. account as either a Customer or Expert and the terms "2CarPros.com INC." "we," "us" and "our" will refer to 2CarPros.com INC. "Terms" or "TOS" refer to the terms contained in this Agreement. "Customer" will be used to describe the person who asks questions on this Site. "Expert" will be used to describe the person who answers questions on this Site.

3. Acceptance
By using our Site in any way, you are agreeing to comply with and be bound by the following Terms and any related "Agreements" (which include, without limitation, the Privacy Policy, our Legal Disclaimer, the Expert Agreement, if applicable to you, and all rules or policies posted on the Site). Please review the following Terms carefully. If you do not agree with the Terms or any of the related Agreements in their entirety, do not use the Service. Those providing answers on the Site are also subject to and required to accept the terms of the Expert Agreement. You must be at least 18 years old to use this Service.  Your acceptance of these Terms is signified by checking the "I Agree" box and then completing the on-line registration process. By doing so, you agree to be bound by all of the terms and conditions contained in these Terms, including acknowledgement that you are over the age of 18. You have the right to have a record of these Terms and any related Agreement you enter into with 2CarPros.com INC. made available on paper form upon request for no additional fee. Simply e-mail webmaster@2carpros.com.

4. Right of Modification
2CarPros.com INC. reserves the right to change, revise or modify the Terms (including fees) or any of the related Agreements at any time by posting the amended terms on the Site. All amended terms shall automatically be effective upon posting. Your continued use of the Service will signify your acceptance of the revised Terms or related Agreement, as the case may be. If you do not accept the revised terms, your sole and exclusive remedy is to discontinue using the Service. The latest Terms and related Agreements will be posted on the Site, and you should always review them prior to using the Site. 2CarPros.com INC. reserves the right, in its sole discretion, to modify or discontinue the Services, for any reason, without notice.

5. Member Accounts and Restricted Activities
As a "user", you represent that you are authorized to create and access an account. Through the user process, you will establish a user name and password for access to your online account. You are responsible for maintaining the confidentiality of your user name, account data and password.

You agree to comply with all billing procedures, including providing and maintaining accurate and lawful billing information for active 2CarPros.com INC. accounts. You agree that you are solely responsible for all acts or omissions that occur under your account or password, including the content of your account as used throughout the Service. You will immediately notify 2CarPros.com INC. of any unauthorized use of your password or account.

Any content provided by you on the site (including any questions asked or answered) and your use of our Service shall not: (a) be fraudulent, inaccurate or misleading; (b) infringe any third party's proprietary rights or rights of publicity or privacy (2CarPros.com INC. has adopted take down procedures for unauthorized use of copyrighted material, (material can be re-written in your own word); (c) be illegal or violate any federal, state or local law, statute, ordinance or regulation; (d) be competitive with 2CarPros.com INC. (e) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (f) be obscene or contain child pornography or, if otherwise adult in nature or harmful to minors, shall be not be posted. (g) contain any viruses, Trojan horses, or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (h) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers; and (i) link directly or indirectly to or include descriptions of goods or services that: (aa) are prohibited under this Agreement; or (bb) you do not have a right to link to or include. You may not consummate any transaction that was initiated using our Service that, by paying to us a fee, could cause us to violate any applicable law, statute, ordinance or regulation. Furthermore, you may not resell or make any commercial use of our system without our prior consent.

Without limiting any other remedies, 2CarPros.com INC. may suspend or terminate your account if we suspect, in our sole judgment, that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Site or have engaged in activities in violation of these Terms or any related Agreements with 2CarPros.com INC.

6. Special Incentives
2CarPros.com INC. maintains the right to initiate special incentive and pricing programs. These specials and incentives may be limited, at 2CarPros.com INC. sole discretion, to certain defined and limited users or non-users.

7. Identity Verification
We verify the accuracy of the e-mail address our users provide us when you register on the Site. However, because user verification on the Internet is difficult, 2CarPros.com INC. cannot and does not confirm each user's purported identity. Thus, we have established a user-initiated feedback system to help you evaluate with whom you are dealing.

8. Information Control and Storage
We do not control the information provided by users that is made available through our system. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution and common sense when using the Site. Please note that there are also risks of dealing with underage persons or people acting under false pretense. Additionally, there may also be risks dealing with international trade and foreign nationals. By using this Site, you agree to accept such risks and 2CarPros.com INC. is not responsible for the acts or omissions of users on the Site. The amount of storage space per member is currently limited. You agree that 2CarPros.com INC. is not responsible or liable for the deletion or failure to store information.

9. Exclusion of Warranties
2CarPros.com INC. SERVICES AND RELATED DOCUMENTATION ARE PROVIDED "AS IS" AND WITHOUT ANY WARRANTY OF ANY KIND EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THIS SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. 2CarPros.com INC. DOES NOT REPRESENT OR WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. 2CarPros.com INC. DOES NOT WARRANT OR REPRESENT THAT THE USE OR THE RESULTS OF THE USE OF THE MATERIALS AVAILABLE THROUGH THE SERVICE, FROM THIRD PARTIES OR A LINKED SITE WILL BE CORRECT, ACCURATE, TIMELY, RELIABLE OR OTHERWISE. UNDER NO CIRCUMSTANCES WILL 2CarPros.com INC. BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A USER'S RELIANCE ON INFORMATION OBTAINED THROUGH THE SITE, FROM THIRD PARTIES (SUCH AS EXPERTS OR OTHERS) OR A LINKED SITE, OR USER'S RELIANCE ON ANY PRODUCT OR SERVICE OBTAINED FROM A THIRD PARTY OR A LINKED SITE.

10. Limitation of Liabilities
IN NO EVENT SHALL WE, OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR OUR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS OR LOSS OF BUSINESS) ARISING OUT OF OR IN CONNECTION WITH OUR SITE, OUR SERVICES OR THIS AGREEMENT BASED ON ANY THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. IN NO EVENT WILL OUR LIABILITY, AND THE LIABILITY OF OUR PARENTS, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE EXCEED THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (B) $100. Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you.

11. Indemnification
You agree to indemnify, defend and hold 2CarPros.com INC., any and all parent, subsidiary, or affiliate organizations, officers, agents and employees, harmless from any claim, demand, or damage, including reasonable attorneys' fees, asserted by any third party that are in any way due to or arising out of your use of or conduct on the Service. 2CarPros.com INC. shall provide you reasonable notice of such claim.

12. Termination or Suspension of Service
If you wish to terminate your service, you may do so by furnishing us with an email notice of your decision. Your notification must be sent via e-mail to webmaster@2carpros.com. Cancellations will be effective within 7 business days. We reserve the right to terminate your service at any time without cause or notice. In addition, we reserve the right to suspend your account indefinitely if we suspect any fraudulent or inappropriate activity is being conducted through the use of the Site and such suspension will remain in effect until we are satisfied in our sole judgment that such activity is not occurring. Terminated accounts may be subject to a reactivation fee. 2CarPros.com INC. shall have no obligation to maintain any content in your account. Termination does not affect your liability or obligations under this Agreement.

13. No Endorsement of Non-2CarPros.com INC. Entity ; No Relationship with Users
2CarPros.com INC. may endeavor to offer to its users products and services offered by non-2CarPros.com INC. entities. Placement of information, logos, links or names of such non-2CarPros.com INC. entities on the 2CarPros.com INC. site does not constitute an endorsement or warranty of these entities, their products or services. Users take full responsibility for a decision to visit or patronize any such entity and hold 2CarPros.com INC. harmless from any liability arising from such actions. You further acknowledge that no relationship (such as partnership, agent, joint venturer, or employee) is created between you and 2CarPros.com INC. or between any user (including Customers and Experts) and 2CarPros.com INC. by formation of this Agreement (or any of the Related Agreements) or by your participation on the site.

IT IS THE RESPONSIBILITY OF THE USER TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITE, FROM THIRD PARTIES OR OBTAINED FROM A LINKED SITE. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC OPINION, ADVICE, PRODUCT, SERVICE, OR OTHER CONTENT. THE MATERIALS AND CONTENT PROVIDED BY 2CarPros.com INC. AND ITS PROVIDERS ARE NOT INTENDED TO AND DO NOT CONSTITUTE PROFESSIONAL ADVICE. REGISTRATION OR ENROLLMENT FOR THE SERVICE AND ACCEPTANCE OF A NEW ACCOUNT DOES NOT CREATE A PROFESSIONAL-CLIENT RELATIONSHIP AND ARE NOT THE SUBJECT OF PRIVILEGE AND CONFIDENTIALITY STANDARDS ASSOCIATED THEREWITH.

14. Proprietary Rights of Content
You acknowledge and agree that 2CarPros.com INC. owns the rights to its website 2carpros.com and all content displayed on the Site. You acknowledge that all content, including but not limited to text, software, music, sound, photographs, video, graphics or other material contained in listings, sponsor advertisements or email-distributed, commercially produced information presented to you by the Service, by 2CarPros.com INC., 2CarPros.com INC. users, or 2CarPros.com INC. Advertisers or other content providers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. You may not modify, copy, reproduce, republish, upload, post, transmit, or distribute in any way content available through the Service, including code and software for commercial purposes. For permission to use third party materials appearing on the Site, please contact the copyright owner. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

You agree that any content or information provided on the Site, whether as a question or answer, will not be considered confidential and may be used by 2CarPros.com INC. In addition, you agree that any materials or ideas submitted on the Site or to the Site administrator or any employee, officer or agent of 2CarPros.com INC., will not be considered confidential and may be used by 2CarPros.com INC., in its sole discretion, without any obligation to compensate for its use of the ideas and without any obligation to return any submitted materials. You hereby grant 2CarPros.com INC. a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights, including the right to create derivative works thereof, that you have in your content and information, in any media now known or not currently known, with respect to any such content or information.

15. Press Release Information
The Site may contain information and press releases about us. While this information was believed to be accurate as of the date prepared, we disclaim any duty or obligation to update this information or any press releases. Information about companies other than ours contained in the press release or otherwise, should not be relied upon as being provided or endorsed by us.

16. Disputes, Assignment, and Governing Law
These Terms and the related Agreements constitute the complete and exclusive statement of the Agreement between you and us. It supersedes any and all prior or contemporaneous agreement, oral or written, and any other communications, representations, warranties and understanding relating to the subject matter of this Agreement. If there is a conflict between an oral representation of any 2CarPros.com INC.' employee or agent and the terms of this Agreement, the terms of this Agreement will prevail. To the extent that anything in or associated with the Site is in conflict or inconsistent with this Agreement, the terms of this Agreement will prevail.

If any provision(s) of these Terms is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect. You and 2CarPros.com INC. 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 arose; otherwise, such cause of action is permanently barred. You may not assign this Agreement to any other party. 2CarPros.com INC. shall not be deemed to have waived any of our rights or remedies unless such waiver is in writing and signed by us. No delay or omission on the part of 2CarPros.com INC. in exercising any rights or remedies shall operate as a waiver of such rights or remedies or any other rights or remedies on future occasions. The section titles in these Terms are solely used for the convenience of the parties and have no legal or contractual significance.

This Agreement shall be governed by, and construed in accordance with the laws of the State of California, without regard to its conflicts of law provisions. Each party using our website or services agrees to the exclusive jurisdiction of the courts of the State of California, and agrees that venue for any action resulting from this Agreement or the use of our Services shall be in Orange County, California and waives any and all jurisdictional, venue or inconvenient forum objections.

Updated April 2008





 

     
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