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