2CarPros.com Terms and Conditions of Use
Last Update: December 24, 2019
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The 2CarPros.com website (the “Site”) is owned and operated by 2CarPros, Inc. (or "2CarPros"). By using this Site, you explicitly agree to comply with and be bound by the following terms and conditions (“Terms and Conditions” or “Agreement”), and all policies, rules, and instructions, and additional terms posted on or through the Site, all of which are incorporated into this Agreement. By registering for, logging into, visiting and/or otherwise using the Site in any way, you indicate that you understand, intend to be legally bound by, and accept these Terms and Conditions. 2CarPros may change these Terms and Conditions at any time. Your continued use of the Site following appropriate notice of such modifications will be conclusively deemed acceptance of any changes to these Terms and Conditions. At all times, you are bound by the then-current version of these Terms and Conditions and all applicable laws. Please review these Terms and Conditions periodically for changes.
The “Purchase Protection Program” is governed by these Terms and Conditions and the Purchase Protection Program Terms and Conditions. Additional terms may apply.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual property rights in this Site and its contents, including any and all messages, data, information, text, music, sound, photos, images, graphics, code, marks, logos, audio and video, footage, animations, podcasts, analyses, studies, reports, downloads, and other content contained herein ("Site Content") is owned by or licensed to 2CarPros, Inc., and protected by law, including copyright, database, trade secret, and trademark laws of the United States and all applicable jurisdictions, as well as other applicable state, national, and international laws and regulations. The Site Content is Copyright 2020, 2CarPros, Inc., all rights reserved. 2CarPros also owns copyright rights in the Site Content as a collective work and/or compilation, and in any and all databases accessible on or through the Site. 2CarPros, the 2CarPros Logo, and all other marks displayed on this site (the "Trademarks") are registered and/or common law trademarks of 2CarPros and/or various third parties. Except as expressly stated herein, nothing contained on this Site may be construed as granting, by implication, estoppel, or otherwise, any grant, license or right to use any Site Content or Trademarks without the prior written permission of 2CarPros or such other party that may own the Trademarks or any licensed copyrights. You agree not to directly or indirectly: attempt to register, challenge or contest the validity or the 2CarPros’ (or its licensor’s, as applicable) ownership of, such copyrights, Trademarks or any other 2CarPros’ intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or other forums in which you or third parties may post reviews of automobiles and automotive related services or other content, messages, materials or other items on the Site ("Interactive Areas"). If 2CarPros provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. No action should be taken based upon any of the information contained in the Interactive Areas. You should seek independent professional advice from a person who is licensed and/or knowledgeable in the applicable automotive area before acting upon any opinion, advice, or information contained on the Site. All statements, information and other content submitted by users are solely the opinions of users, and not of 2CarPros.
By using any Interactive Areas, you expressly agree not to use, reproduce, modify, adapt, edit, translate, publicly display, telecommunicate or perform, post, upload to, transmit, distribute, store, create derivative works from or otherwise publish throughout the World, in any media, now known or hereafter devised, on or through the Site any of the following:
Any message, data, information, text, music, sound, photos, images, graphics, code, marks, logos or other content ("Content") that is unlawful, untrue, libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, foreign, national or international law, including, without limitation, the regulations of the U.S. Securities and Exchange Commission, the Canadian Securities Commission or any rules of a securities exchange such as the New York Stock Exchange, the American Stock Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party (including rights of privacy and publicity);
Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private or personally identifiable information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
Content that, in the sole judgment of 2CarPros, contravenes the above, is otherwise objectionable or inappropriate, or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Site, or which may expose 2CarPros or its affiliates or its users to any harm or liability of any type.
You further agree that you will not attempt or do any of the following:
Interfere with or disrupt the Site or our computer systems, servers, or networks;
Attempt to gain unauthorized access to any part of the Site, to accounts that belong to other users, or to computer systems or networks connected to the Site; or
Engage in any systematic extraction of data or data fields, including, without limitation, email addresses, by use of any automated mechanism, such as web robots, crawlers, or spiders (except in strict conformance with the Robots Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site, unless we indicate otherwise, you (a) grant 2CarPros and its affiliates and sublicenses a nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and fully sub-licensable right to use, post, store, reproduce, modify, adapt, edit, translate, distribute, transmit, publish, create derivative works from and publicly display, telecommunicate and perform such Content throughout the world in any media, now known or hereafter devised; (b) grant 2CarPros and its affiliates and sublicenses the right to use the name that you submit in connection with such Content, if they choose in their absolute discretion; and (c) represent and warrant that (i) you own and/or control all of the rights to the Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute such Content to or through the Site, and to grant the licenses granted herein; (ii) such Content is accurate and not misleading; and (iii) use and posting or other transmission of such Content does not violate these Terms and Conditions and will not violate any rights of or cause injury to any person or entity. You further grant 2CarPros the right to pursue at law any person or entity that violates your or 2CarPros' rights in the Content or breaches of these Terms and Conditions.
2CarPros takes no responsibility and assumes no liability for any Content posted, stored or uploaded by you or any third party, or for any loss or damage thereto or in connection therewith, nor is 2CarPros liable for any mistakes, inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, 2CarPros is not liable for any statements, representations or Content provided by its users in any public forum, personal home page or any Interactive Area. Although 2CarPros has no obligation to screen, edit or monitor any of the Content posted to or distributed through any Interactive Area, 2CarPros reserves the right, and has absolute discretion, to remove, screen or edit without notice any Content posted or stored on the Site at any time and for any reason and without liability to you or any third party, and you are solely responsible for creating backup copies of and replacing any Content you post or store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of the foregoing violates these Terms and Conditions and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Site. In order to cooperate with legitimate governmental requests, subpoenas or court orders, to protect 2CarPros’ systems and customers, or to ensure the integrity and operation of 2CarPros business and systems, 2CarPros may access and disclose any information it considers necessary or appropriate, including, without limitation, user profile information (i.e. name, email address, etc.), IP addressing and traffic information, usage history, and posted Content.
Rights to User Content
Content submitted by users will be considered non-confidential and 2CarPros is under no obligation to treat such Content as confidential or proprietary information. Without limiting the foregoing, 2CarPros reserves the right to use the Content as it deems appropriate, including, without limitation, posting, reproducing, adapting, translating, publicly displaying, telecommunicating or performing, uploading to, transmitting, distributing, storing, creating derivative works from, publishing, deleting, editing, modifying, rejecting, or refusing to post it. 2CarPros is under no obligation to offer you or make any payment for Content that you submit or its use as contemplated herein or for your permission or license to edit, delete or otherwise modify Content once it has been submitted to 2CarPros. 2CarPros shall have no duty to attribute authorship of Content to you, and shall not be obligated to enforce any form of attribution by third parties.
If it is determined that you retain moral rights (including rights of attribution or integrity) in the Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the Content by 2CarPros or its licensees or sub-licensees, successors and assigns; (c) you forever irrevocably waive in favor of 2CarPros and its successors, assigns, officers, employees, affiliates, agents and sub-licensees, and agree not to claim or assert any entitlement to, any and all moral rights you may have as an author throughout the World in any of the Content; and (d) you forever release 2CarPros, and its licensees, successors and assigns, from any claims that you could otherwise assert against 2CarPros by virtue of any such moral rights.
Grant of License; Use Of The Site
2CarPros grants to you a personal, revocable, nonexclusive, non-transferable license to view, download, and print limited portions of the Site Content available in the public areas of the Site subject to the following conditions: (i) you may only do so on an occasional basis for your own personal and non-commercial use; (ii) you may not modify the Site Content; (iii) any displays or printouts of Site Content must be marked "© 2019, 2CarPros, Inc., All rights reserved."; (iv) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in/on the Site Content by 2CarPros; and (v) you may not reproduce, modify, adapt, translate, edit, upload to, transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine, prepare derivative works from, sell or distribute or publicly display, perform or telecommunicate Site Content, except as provided herein. Except as expressly permitted above, copying, transmission, reproduction, public display, performance or telecommunication, reproduction, republication, modification, adaptation, translation, editing, storing, transmitting, creation of derivative works, posting, or redistribution of the Site Content or any portion thereof is strictly prohibited without the prior written permission of 2CarPros. To request permission, you may contact 2CarPros as follows:
By electronic mail to: message@2CarPros.com
Or by regular mail to:
2752 E MIRALOMA AVE
ANAHEIM, CA 92806-1701
You may not use Site Content in any manner that suggests the affiliation, sponsorship, endorsement or association with or by 2CarPros with or of you or any third-party entity, person, product or service unless express written permission has been given by 2CarPros in advance. You represent and warrant that your use of Site Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. Any unauthorized use of the Site or the Site Content will terminate the permission granted by this Agreement and may violate applicable laws, including copyright law, trademark laws, and commercial regulations and statutes.
2CARPROS, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND 2CarPros, INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED WARRANTIES IN CONNECTION WITH THE FOREGOING. 2CARPROS, INC. ALSO EXPRESSLY DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS, TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE. 2CARPROS DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT 2CARPROS, INC. HAS OR SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER 2CARPROS, INC., ITS AFFILIATES AND SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION, CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, 2CARPROS ALSO DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE SITE AND THE SITE CONTENT. IF 2CARPROS IS FOUND TO BE LIABLE UNDER THIS AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY; OR (B) $100.
YOU AGREE TO INDEMNIFY 2CARPROS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS AND CONDITIONS.
Links To Other Sites
Digital Millennium Copyright Act Compliance
2CarPros complies with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. SS 512). If you have any complaints or objections to material posted on this Site, or if you believe that material posted on this Site infringes a copyright that you hold, you may contact our Designated Agent at the address provided below. According to the U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice must comply with the following requirements:
A physical or electronic signature of the copyright owner or person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted 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;
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 2CarPros to locate the material;
Information reasonably sufficient to permit 2CarPros to contact you, such as address, telephone number, and, if available, an electronic mail address at which you may be contacted;
A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate and under penalty of perjury, that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached as follows:
2752 E MIRALOMA AVE
ANAHEIM, CA 92806-1701
2CarPros.com Short Code Terms of Service
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by 2CarPros, and operated by 2CarPros from its offices in and around Orange County California. While 2CarPros has made no effort to publish the Site elsewhere, because this Site is published on the World Wide Web it is accessible in all fifty states of the United States, Canada and in other countries. Each of these places has laws that may differ from those of California and from each other. You and 2CarPros both benefit from establishing a predictable legal environment in which to publish, access and use this Site. Therefore, by publishing, accessing, and/or using the Site, you and 2CarPros explicitly agree that all disputes, claims, or other matters arising from or relating to your use of this Site will be governed by the laws of the Commonwealth of Orange County California, without regard to its conflicts of law principles. You agree that all claims you may have against 2CarPros arising from or relating to the operation or use of this Site will be heard and resolved according to the Section below captioned “Dispute Resolution – Mandatory Arbitration and Class Acton Waiver.” If you chose to access this Site from locations other than Anaheim California, you will be responsible for compliance with all local laws of such other jurisdiction.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable local, state, national, and international laws and regulations. Although 2CarPros has endeavored to create a secure and reliable Site, the confidentiality of any communication or material transmitted to/from this Site over the Internet cannot be guaranteed. Accordingly, 2CarPros is not responsible for the security of any information transmitted via the Internet, the accuracy of the information contained on the Site, or for the consequences of any reliance on such information. 2CarPros shall have no liability for interruptions or omissions in Internet, network or hosting services. You assume the sole and complete risk of using this Site.
Modifications to the Site
2CarPros may change, restrict access to, suspend, or discontinue any aspect of the 2CarPros.com service or the Site at any time, including availability of any feature, database, or content. 2CarPros may also impose limits on certain features and services or restrict your access to all or parts of the 2CarPros.com web site without notice or liability. 2CarPros may remove any review from the Site if 2CarPros determines, in its sole discretion, that the review may be false or fraudulent. 2CarPros may exclude or remove from the Site embedded contact information in (i) a dealer’s description of a vehicle and/or (ii) images, often known as "Watermarking," if 2CarPros determines in its sole discretion that such information is embedded with the intent of circumventing the 2CarPros lead routing process.
2CarPros reserves the right (but assumes no obligation) to delete, move, condense or edit any content on the Site that comes to 2CarPros' attention and that 2CarPros considers unacceptable or inappropriate, whether for legal or other reasons.
You agree that we may, under some circumstances and without prior individual notice to you, terminate your use of and access to any of the parts of the Site to which we restrict access, for example, by requiring registration. Some of the reasons for such termination may include, but are not limited to, (a) a breach or violation or suspected breach or violation of these Terms and Conditions or other incorporated terms or guidelines, (b) a request by law enforcement or another government agency, (c) our decision to discontinue or change all or part of the Site, (d) technical or security issues, and (e) fraudulent or illegal activities. All terminations will be made in our sole discretion and you agree that we will not be liable for any termination of your use of or access to the Site or any part of the Site.
This agreement may not be assigned by you without the prior written consent of 2CarPros. Any attempted assignment that does not comply with these Terms and Conditions shall be null and void. 2CarPros may assign these Terms and Conditions, in whole or in part, to any third-party in its sole discretion. These terms and Conditions shall inure to the benefit of and be binding upon the parties hereto, and their permitted successors, permitted assigns, heirs, and legal and personal representatives. If any provisions of this agreement are held to be invalid or unenforceable by an arbitrator or a court of competent jurisdiction, any such provision(s) shall be enforced to the maximum extent permissible so as to effect the intent of the parties and shall not affect the validity or enforceability of any other provisions herein, and the remainder of this Agreement shall continue in full force and effect. Any waiver of any provision herein, to be effective, must be in writing signed by an authorized officer of 2CarPros, and shall not constitute a waiver of any other provision herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
All experts are considered independent contractors and will be issued a 1099 and will be solely responsible for all personal tax and applicable personal charges.