- Consideration.You understand and agree that these Terms are entered into in consideration of your use of the Services and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged.
- Changes to these Terms. The Website and portions of the Services are owned and operated by AutoReportCardd. AutoReportCard reserves the right to revise these Terms in its sole discretion at any time and without prior notice to you other than by posting the revised Terms on the Website or on or within the Service. Any revisions to the Terms are effective upon posting. The Terms will be identified as of the most recent date of revision. You should visit this page regularly to ensure your continued acceptance of these Terms. Your continued use of the Services after any revision to these Terms constitutes your binding acceptance of the revised Terms. Notwithstanding the preceding sentences of this Section 1.2, no revisions to these Terms will apply to any dispute between you and AutoReportCard that arose prior to the date of such revision.
- Evolving Nature of Services. The Services are new and subject to change at any time. We are continually looking to improve the Services but if you are at any time dissatisfied with the Services, then your sole remedy is to discontinue use of the Services. However, we do want to hear from our users so do not hesitate to send us an email at firstname.lastname@example.org to let us know what you think.
USE OF THE SERVICES
AutoReportCard grants you a limited license to access and make personal, transitory, use of the automobile inspection reports ("Reports") available on the Services. Under this license, you may not: modify or copy the Reports, use the Reports for any commercial purpose other than to assist in the sale of an automobile, remove any copyright or other proprietary notations from the Reports, transfer the Reports to another person or "mirror" the materials on any other server, or otherwise use the Reports in violation of these Terms.
The Services are not directed at persons under 18. By using the Services, you affirm that you are at least 18 years of age. If you are under the age of 18, you must not use or access the Services.
You are prohibited from violating, or attempting to violate, the security of the Services. Any such violations may result in criminal and/or civil penalties against you, as well as the termination of your privilege to use the Services, at AutoReportCard's sole discretion. AutoReportCard reserves the right to investigate any alleged or suspected violations and, if a criminal violation is suspected, refer such suspected violation to the appropriate law enforcement agencies and cooperate fully with such investigations, including, but not limited to, the disclosure of any or all of your activities on or related to the Services.
MATERIALS SUBMITTED TO THE SERVICES; LICENSE GRANT FROM YOU TO AUTOREPORTCARD
- User Content. This section governs any material that you upload or transmit to or through the Services including, without limitation, comments, messages, feedback, or any form of copyrighted material (collectively, "User Content"). You are solely responsible for all User Content you submit to or through the Services. You agree, represent, and warrant that any User Content you upload or transmit to or through the Services is truthful, accurate, not misleading, and offered in good faith, and that you have all rights, licenses, permissions, and authorizations necessary to upload or transmit the User Content to the Services and grant the rights to the User Content as set forth in these Terms. You must not upload or transmit any User Content to or through the Services where the rights have not been cleared for the use of such User Content on the Services.
- Retention of Your Intellectual Property Rights. BY UPLOADING OR OTHERWISE PROVIDING USER CONTENT TO THE SERVICES YOU ARE NOT SURRENDERING ANY INTELLECTUAL PROPERTY RIGHTS THAT YOU MAY HAVE IN YOUR USER CONTENT. RATHER, YOU ARE MERELY GRANTING AUTOREPORTCARD A LICENSE PURSUANT TO THE PROVISIONS OF THESE TERMS. YOU WILL CONTINUE TO OWN, TO THE EXTENT OF YOUR EXISTING RIGHTS, ALL OF YOUR USER CONTENT.
- Waiver of Rights. By uploading User Content to the Services you waive any rights to prior inspection or approval of any marketing or promotional materials related to such User Content. You further waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your use of the Services or any User Content (or any portions thereof) you provide on or through the Services. You expressly release AutoReportCard and all of its agents, partners, subsidiaries, affiliates, licensees, successors, and assigns from any and all claims, demands, liabilities, or causes of action, whether now known or unknown, for defamation, copyright infringement, violation of moral rights, and invasion of the rights to privacy, publicity, or personality or any similar matter, or based upon or relating to the Use of your User Content.
- Requirement that You Be an Owner of or Fully Authorized to Grant the Rights To User Content.If you are not the copyright owner of or are not fully authorized to grant rights in all of the elements of the User Content you intend to upload or transmit to or through the Services, then you must not upload the User Content to the Service.
- Representations and Warranties with Respect to User Content.By uploading or transmitting User Content to or through the Services, you hereby represent and warrant to AutoReportCard that (a) you have obtained all necessary rights, permissions, authorizations, licenses, and clearances to grant the licenses and rights set forth in these Terms with respect to such User Content and (b) the Use of such User Content in a manner consistent with these Terms will not (i) infringe the rights of any third party, including copyright, trademark, patent and other intellectual property rights or other protected rights, such as the rights of privacy or publicity, or (ii) require AutoReportCard or any Third Party Site on or through which the Services are made available to pay any fees of any kind to any third party.
- Accuracy of Information.You agree to provide true, accurate, current, and complete information about yourself as requested in any registration forms required by AutoReportCard. You also agree to update the information about yourself promptly, and as necessary, to keep it current and accurate. If messages sent to an email address provided by you are returned as undeliverable, AutoReportCard reserves the right to terminate your account immediately with or without notice to you and without any liability to you or any third party.
Fees and Payment.
- No Refunds.All fees relating to the Services, including any fees charged for access to the Services and to Reports are final and nonrefundable.
- Method of Payment.You agree to pay for all products and services that you purchase through the Service and you agree that we may charge your selected payment method for any such payments. AutoReportCard accepts payments through payment methods detailed on the applicable payment screen, which may include various credit cards and PayPal. You may be asked to provide AutoReportCard with a credit card number from a card issuer that we accept in order to activate and/or pay for any fees related to the Service. AutoReportCard may seek pre-authorization of your credit card account prior to a purchase to verify the credit card is valid and/or has the necessary funds or credit available to cover your purchase. These pre-authorizations will reduce your available balance by the authorization amount until it is released or reconciled with the actual charge. Please contact your card issuer if you have additional questions regarding when an authorization amount will be removed from your statement. Charges occur within a reasonable time of the transaction or shortly thereafter, and multiple charges during the same period may be aggregated together. AutoReportCard does not accept payment forms other than those specified on the applicable payment screen.
- Taxes.You are responsible for paying any governmental taxes imposed on your use of the Services, including, but not limited to, sales, use or value-added taxes. To the extent AutoReportCard is obligated to collect such taxes, the applicable tax will be added to your billing account.
- Disputed Charges.YOU AGREE TO SUBMIT ANY DISPUTES REGARDING ANY CHARGE TO YOUR ACCOUNT IN WRITING TO AUTOREPORTCARD WITHIN THIRTY (30) DAYS OF SUCH CHARGE, OTHERWISE SUCH DISPUTE WILL BE WAIVED AND SUCH CHARGE WILL BE FINAL AND NOT SUBJECT TO CHALLENGE.
OTHER PROHIBITED ACTIVITIES
- No Refunds.1.In using the Services, you agree not to:
- Upload or otherwise transmit to or through the Services any information or content that infringes any patent, trademark, trade secret, copyright or other rights of any party (including rights of privacy or publicity), including by incorporating any such material in User Content;
- Upload or otherwise transmit to or through the Services any information that is unlawful, harmful, harassing, defamatory, libelous, threatening, vulgar, sexually explicit, hateful or otherwise objectionable material of any kind or information that contains a link to such objectionable material;
- Attempt to, or harass, abuse, or harm or advocate or incite harassment, abuse or harm of another person or group, including AutoReportCard employees;
- Upload, post or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or any other form of solicitation (commercial or otherwise);
- Create a false identify or impersonate another person or entity in any way;
- Restrict, discourage or inhibit any person from using the Services, disclose personal information about a third person on the Services or obtained from the Services without the consent of such person or collect information about users of the Services;
- Use the Service, without AutoReportCard's express written consent, for any commercial purpose, including, communicating or facilitating any commercial advertisement or solicitation;
- Undertake, cause, permit or authorize the modification, creation of derivative works, translation, reverse engineering, decompiling, disassembling or hacking of any aspect of the Services or any part thereof, or attempt to do any of the foregoing, except and solely to the extent permitted by these Terms, the authorized features of the Services, or by law, or otherwise attempt to use or access any portion of the Services other than as intended by AutoReportCard;
- Gain unauthorized access to the Services, to other user's accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Services;
- Reproduce, distribute, publicly display, publicly perform, sell, trade, resell or exploit any portion of the Services, use of the Services, access to the Services or content obtained through the Services, for any purpose other than expressly permitted by these Terms, including, by way of example and not limitation, by doing or engaging in any of the following without AutoReportCard's express written consent:
- altering, defacing, mutilating or otherwise bypassing any approved software through which the Services are made available; and
- using any trademarks, service marks, design marks, logos, photographs or other content belonging to AutoReportCard or obtained from the Services.
- Post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Services or communications equipment and computers connected to the Services;
- Remove, disable, damage, circumvent or otherwise interfere with any security-related features of the Services, features that prevent or restrict the use or copying of any part of the Services or any content on the Services, or features that enforce limitations on the use of the Services or any content on the Services;
- Use any scraper, spider, cheats, exploits, robots or other automated means of any kind to access, modify or interfere with the Services, or harvest or manipulate data, except and solely to the extent permitted by these Terms and the features of the Services, deep-link to any feature or content on the Services, bypass any robot exclusion headers or other measures we may use to prevent or restrict access to the Services;
- Interfere with or disrupt the Services, networks or servers connected to the Services or violate the regulations, policies or procedures of such networks or servers;
- Violate any applicable federal, state or local laws or regulations or these Terms; or
- Assist or permit any persons in engaging in any of the activities described above.
- DISCLAIMER OF CERTAIN MATERIALS
YOU UNDERSTAND THAT WHEN USING THE SERVICES, YOU MAY BE EXPOSED TO CONTENT FROM A VARIETY OF SOURCES, AND THAT AUTOREPORTCARD IS NOT RESPONSIBLE FOR THE ACCURACY, INTEGRITY, QUALITY, LEGALITY, USEFULNESS, SAFETY OR INTELLECTUAL PROPERTY RIGHTS OF OR RELATING TO SUCH CONTENT. YOU FURTHER UNDERSTAND AND ACKNOWLEDGE THAT YOU MAY BE EXPOSED TO CONTENT THAT IS INACCURATE, OFFENSIVE, INDECENT, OR OBJECTIONABLE, AND YOU AGREE TO WAIVE, AND HEREBY DO WAIVE, ANY LEGAL OR EQUITABLE RIGHTS OR REMEDIES YOU HAVE OR MAY HAVE AGAINST AUTOREPORTCARD WITH RESPECT THERETO. UNDER NO CIRCUMSTANCES WILL AUTOREPORTCARD BE LIABLE IN ANY WAY FOR OR IN CONNECTION WITH ANY CONTENT, INCLUDING, BUT NOT LIMITED TO, FOR ANY INACCURACIES, ERRORS OR OMISSIONS IN SUCH CONTENT, OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, UPLOADED OR OTHERWISE DISPLAYED, PERFORMED OR TRANSMITTED VIA THE SERVICES. BY ACCESSING OR USING ANY CONTENT TRANSMITTED ON OR THROUGH THE SERVICES, YOU WAIVE ANY AND ALL CLAIMS AGAINST AUTOREPORTCARD THAT YOU MAY HAVE ARISING OUT OF OR RELATING TO SUCH CONTENT.
- INTELLECTUAL PROPERTY RIGHTS
- Generally. The content made available on or through the Services, including without limitation, any text, software, graphics, photos, sounds, music, videos and interactive features, but excluding User Content, may be protected by copyright or other intellectual property rights and owned by AutoReportCard or third party licensors of AutoReportCard. No material made available on or through the Services may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without written permission of the copyright owner. Modification of materials obtained from the Services, including, but not limited to, User Content, for any other purpose, including, without limitation, any commercial purpose, is a violation of the copyrights and other proprietary rights of AutoReportCard or its licensors, unless you have obtained express written authorization to the contrary. All design rights, databases and compilations and other intellectual property rights, in each case whether registered or unregistered, and related goodwill are proprietary to AutoReportCard.
- Trademarks. All trademarks, service marks, logos and trade names on the Services, whether registered or unregistered, are proprietary to AutoReportCard or to other companies where so indicated. You may not reproduce, download or otherwise use any such trademarks, service marks, logos or trade names without the prior written consent of the appropriate owner thereof.
- No Implied Rights.There are no implied licenses granted in these Terms.
- LINKS TO THIRD PARTY SITES
- As you use the Services you may notice links to Third Party Sites. These links are for convenience only. If you use these links, you will leave the Services. Certain of these Third Party Sites may make use of AutoReportCard's proprietary intellectual property rights (such as copyrights, trademarks, service marks, logos and trade names) under license from AutoReportCard. AutoReportCard is not responsible for the availability or content of these Third Party Sites or for any viruses or other damaging elements encountered in linking to a Third Party Site, whether or not AutoReportCard is affiliated with the owners of such Third Party Sites. In addition, the provisioning of these links to Third Party Sites is not an endorsement or approval by AutoReportCard of the organizations sponsoring such Third Party Sites or their products or services. These Terms do not apply to Third Party Sites, and you should review applicable terms and policies, including any relevant privacy policies, associated with any Third Party Sites, applications, software or services.
- YOU AGREE THAT AUTOREPORTCARD WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY SORT INCURRED AS THE RESULT OF ANY SUCH DEALINGS YOU MAY HAVE ON OR THROUGH A THIRD PARTY SITE OR AS THE RESULT OF THE PRESENCE OF ANY THIRD PARTY ADVERTISING ON THE SERVICES.
You agree to indemnify, defend, and hold harmless AutoReportCard and its parent, subsidiaries, affiliates, investors, sublicensees or any related companies, licensors, suppliers, agents and contractors, including, but not limited to partner mechanics, and their respective directors, officers, employees, agents, representatives, contractors, and assigns , from all damages, injuries, liabilities, costs, fees and expenses (including, but not limited to, attorney's fees and court costs) arising from or in any way related to: (1) your use or misuse of the Services; (2) your User Content, including AutoReportCard's Use of your User Content consistent with these Terms; (3) your breach or other violation of these Terms, including any representations, warranties and covenants herein; or (4) your violation of the rights of any other person or entity, including, but not limited to, claims that any User Content infringes or violates any third-party intellectual property rights or other proprietary rights. Notwithstanding the foregoing, AutoReportCard reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify AutoReportCard if AutoReportCard, in its reasonable discretion, concludes that you are not adequately protecting AutoReportCard's interests or are incapable of protecting AutoReportCard's interests, and you agree to cooperate with AutoReportCard's defense of these claims. You agree not to settle any matter without the prior written consent from AutoReportCard. AutoReportCard will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
- THE SERVICES, ANY THIRD PARTY CONTENT, SOFTWARE OR APPLICATIONS AND REPORTS MADE AVAILABLE ON OR THROUGH OR IN RELATION TO THE SERVICES, ARE PROVIDED ON AN "AS IS," "AS AVAILABLE," "WITH ALL FAULTS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
- TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AUTOREPORTCARD AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS AND CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS, HEREBY DISCLAIM ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM AUTOREPORTCARD AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS AND CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS OR, AN EMPLOYEE OR REPRESENTATIVE OF SUCH ENTITIES, OR THROUGH THE SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. AUTOREPORTCARD AND ITS AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS AND CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS, DO NOT WARRANT THAT THE SERVICES OR ANY PART THEREOF, OR ANY PRODUCTS OR CONTENT OFFERED THROUGH THE SERVICES, WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE SERVICES, INCLUDING, BUT NOT LIMITED TO, REPORTS, OR ANY ASSOCIATED SITES OR APPLICATIONS AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICES) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL OR DATA.
- LIMITATION OF LIABILITY
- IN NO EVENT WILL AUTOREPORTCARD OR ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS, BE LIABLE TO ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH: (1) THE USE OR ACCESS OF OR INABILITY TO USE OR ACCESS THE SERVICES; (2) ANY PRODUCTS ADVERTISED, PROMOTED OR DISPLAYED ON THE SERVICES; (3) USE OF AND/OR RELIANCE ON THE REPORTS; AND (4) CONTENT (INCLUDING USER CONTENT) MADE AVAILABLE THROUGH THE SERVICES, IN EACH INSTANCE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, OR OTHERWISE, WHETHER BASED IN TORT, CONTRACT OR OTHER LEGAL THEORY, EVEN IF AUTOREPORTCARD OR ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS, ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AUTOREPORTCARD OR ITS OFFICERS, DIRECTORS, AFFILIATES, PARTNERS, LICENSORS, SUPPLIERS, AGENTS OR CONTRACTORS, INCLUDING, BUT NOT LIMITED TO, PARTNER MECHANICS, BE LIABLE IN THE AGGREGATE FOR ANY DAMAGES INCURRED BY YOU THAT EXCEED THE AMOUNT OF FEES YOU HAVE PAID AUTOREPORTCARD ATTRIBUTED TO THE ACTION GIVING RISE TO THE LIABILITY.
- LIMITATIONS; BASIS OF THE BARGAIN
- APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, YOU AGREE THAT BECAUSE SUCH WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND AUTOREPORTCARD, AND ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND AUTOREPORTCARD'S LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW. YOU UNDERSTAND AND AGREE THAT AUTOREPORTCARD WOULD NOT BE ABLE TO OFFER THE SERVICES TO YOU ON AN ECONOMICALLY FEASIBLE BASIS WITHOUT THESE LIMITATIONS.
- TERM AND TERMINATION
- Term. These Terms, as amended, will be effective commencing with your first use or registration of the Services and will remain in full force and effect throughout your use of the Services.
- Termination by AutoReportCard. AutoReportCard may terminate your use of the Services or any of our features or services at any time and for any reason, with or without notice, for conduct violating these Terms or upon AutoReportCard's sole determination. You hereby agree to AutoReportCard's broad right of termination. You agree that if your use of the Services is terminated pursuant to these Terms, you will not attempt to use the Services under any name, real or assumed, and further agree that if you violate this restriction after being terminated, you will indemnify and hold us harmless from any and all liability that we may incur therefor. Upon AutoReportCard's termination of your use of the Services, AutoReportCard may, but shall not be required to, delete any of your User Content available on or through the Services and terminate your access to your User Content if those materials remain on the Service, without any liability to you.
- Termination by You. You are free to terminate your use of the Services at any time. You can simply choose to stop visiting or using any aspect of the Services. If you wish to terminate your account on the Services, you may do so by sending an email to email@example.com or using any other account termination functionality that may be offered through the Services.
- JURISDICTIONAL ISSUES
- 1.The Site and the Services are controlled and operated by AutoReportCard from its offices within the State of California. AutoReportCard makes no representation that materials on the Services are appropriate or available for use in other locations. Those who choose to access or use the Services from other locations, including from outside the United States of America, do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Access to the Services from jurisdictions where the contents or practices of the Services are illegal, unauthorized or penalized is strictly prohibited.
- DISPUTE RESOLUTION
- Choice of Law; Forum. These Terms shall be governed in all respects by the laws of the State of California as they apply to agreements entered into and to be performed entirely within California between California residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against AutoReportCard must be resolved by a court located in Santa Clara County, California. You agree to submit to the personal jurisdiction of the courts located within Santa Clara County, California for the purpose of litigating all such claims or disputes.
- Equitable Relief. You acknowledge that, in the event of a breach of these Terms by AutoReportCard or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against AutoReportCard and your only remedy shall be for monetary damages, subject to the limitations of liability set forth in these Terms.
- Claims. You and AutoReportCard agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to these Terms or the Services, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.
- Waiver. A provision of these Terms may be waived only by a written instrument executed by the party entitled to the benefit of such provision. The failure of AutoReportCard to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision.
- Severability. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions.
- Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by AutoReportCard without restriction. Any assignment attempted to be made by you in violation of these Terms shall be void. These Terms will be binding upon and inure to the benefit of the parties hereto, and permitted successors and assigns.
- No Agency. You agree that no joint venture, partnership, employment, or agency relationship exists between you and AutoReportCard as a result of these Terms or use of the Services. You further acknowledge that by submitting User Content, no confidential, fiduciary, contractually implied or other relationship is created between you and AutoReportCard other than pursuant to these Terms.
- Survival. The provisions of these Terms that are intended to survive the termination of these Terms by their nature will survive the termination of these Terms, including, but not limited to, Sections Service Security, Materials Submitted to the Service; License Grant from You to AutoReportCard, Other Prohibited Activities, Disclaimer of Certain Materials, Intellectual Property Rights, Links to Third Party Sites, Indemnity, Disclaimers, Limitation of Liability, Limitations; Basis of the Bargain, Privacy, Dispute Resolution, and Miscellaneous.
- Headings. The heading references herein are for convenience purposes only, do not constitute a part of these Terms, and shall not be deemed to limit or affect any of the provisions hereof.
- Entire Agreement. This is the entire agreement between you and AutoReportCard relating to the subject matter herein and supersedes all previous communications, representations, understandings and agreements, either oral or written, between the parties with respect to said subject matter. These Terms shall not be modified except in a writing, signed by both parties, or by a change to these Terms made by AutoReportCard as authorized in these Terms.
- Disclosures. The services hereunder are offered by AutoReportCard, Inc. located at 555 Bryant Street, #816, Palo Alto, CA 94301. You may contact us by sending correspondence to the foregoing address or by emailing us at firstname.lastname@example.org, or by calling (650) 434-3227. If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms.