Welcome to Carzac, Inc. (“Carzac”). Before using the Carzac mobile application (the “App”) or the Carzac website (the “Site”), it is important that you carefully read and understand these Terms of Service (this “Agreement”). This Agreement governs your access to and use of the App and the Site (collectively, the “Service”), and constitutes a legally binding agreement between Carzac and you. “Carzac”, “we”, “us,” or similar terms refer to Carzac; and “you,” “your” and similar terms refer to you as a user of the Service.
Your use of the Service is expressly conditioned on your agreement to comply with this Agreement. If you do not agree to comply with the terms of this Agreement, you should immediately stop using the Service.
2. What We Do and What We Do Not Do.
We provide the Carzac App and the Site as a convenience to you, in order to help you locate and coordinate carpools.
We do not verify the information users have provided to us, so we make no guarantees and cannot be responsible or liable in any way for the accuracy of data users have provided (including without limitation with respect to such users’ driving history and ability, safety, car condition, personal information (e.g., gender), or with respect to the photos that users have provided to us).
We do not routinely perform background checks on our users. In the event we do elect to perform background checks on one or more of our users, we cannot make any guarantee with respect to the results thereof (including without limitation the accuracy or completeness thereof).
We do not provide insurance of any kind to our users, either drivers or passengers.
You acknowledge and agree that you are solely responsible for determining whether to share a ride with any individual, and with whom to share any ride. If you are uncomfortable with the idea of participating in the Carzac program, you should not use the service. Further, if you are concerned or uncomfortable with any potential ride, you should not share such ride. You may cancel any ride at any time. You acknowledge and agree that Carzac and its third-party licensors have no responsibility or liability whatsoever with respect to your sharing rides or other use of the Carzac service.
3. Your Use of the Service.
a. Requirements. You represent and warrant that you currently meet, and throughout the period in which you participate in Carzac Service will continue to meet, Carzac’s eligibility requirements, which include, but are not limited to, the following:
- You are eighteen (18) years of age or older (as further described in Section 4 below);
- You have not been convicted of any crime that involves violence, harm to others or weapons. If at any time you no longer meet this requirement, you will immediately stop using the Service and notify us at firstname.lastname@example.org of such conviction.
- You will promptly notify us at notify us at email@example.com of any and all automobile accidents occurring while you are sharing a ride in the Service, regardless of whether you are driving or riding at the time of such accident.
- Drivers: If you will be using your car to provide rides to others, you further represent and warrant that:
- You have a valid drivers’ license in force for the state in which you will be using your card to provide rides to others;
- You have not been convicted within the last seven years of driving-related offenses other than minor traffic violations. Examples of minor traffic violations would be failing to stop at a stop sign, following too closely, or driving 5 MPH over the speed limit. Examples of driving-related offenses that are not minor traffic offenses are driving with a suspended or revoked license, reckless driving, driving while impaired / under the influence / while intoxicated, and driving over 100 MPH;
- You will obey all traffic laws, rules and regulations while operating your automobile;
- You do not have any medical condition or any other condition that would impair your ability to operate a motor vehicle, and you will not utilize or be under the influence of drugs, alcohol, tobacco products, or any substances that do or could have the effect of impairing your ability to drive properly or to exercise proper judgment;
- You agree that you are using the Service as part of your own personal transportation and that any and all payments provided to you in connection with the Service are to reimburse your driving costs.
- You have in force all insurance coverage as required by applicable law in the jurisdiction in which you will be providing the Service, and liability coverage that would cover any and all bodily injury to occupants of your automobile;
- You have confirmed with your insurance provider that your automobile and liability coverage applies when you are carpooling or ridesharing with others on a non-commercial, not for-hire basis.
- Your automobile is well maintained, operationally safe, and clean, and you follow the maintenance standards recommended by your automobile’s manufacturer; and
- If at any time you no longer meet all of the above requirements, you will immediately stop using the Service and notify us at firstname.lastname@example.org of such failure to meet the requirements.
b. Information Accuracy. You represent and warrant that all information and materials you provide to us or in connection with the Service, including without limitation your profile photo, your name, information regarding the eligibility requirements set forth in Section 3(a) above, forms you complete on the Site or through the App, or any other suggestions, comments, data you provide to Carzac, the Service or to other users (collectively, “Provided Data”) is complete, true and accurate. You further represent and warrant that such Provided Data does not violate any proprietary (including intellectual property), confidentiality or privacy rights of any third party and that such provided Data is lawfully yours and that you have the legal right to provide such material to us.
c. Account Information. As part of the Service, you will need to create login credentials (i.e., a username and password). You are solely responsible for safeguarding the confidentiality of your login credentials, and for any use of your login credentials, even if such use was not authorized by you. You are not permitted to transfer your account to any other person (including your login credentials).
d. Payments. In order complete the booking of a ride, you must have sufficient funds in your Carzac account to pay for the requested ride and any other pending trips. If you do not meet this requirement, we will ask that you add at least $25 to your account or to the extent needed.
You may request that we return to you the funds in your account, in which case we will (1) subtract from your balance (A) all pending charges and (B) a 25¢ per transaction bank fee, and (2) provide you the remainder. A valid US debit card is required for returning funds (please note that we are unable to return funds to you via a credit card). Please note that we do not include pending credits in this calculation, so you may wish to wait until all credits have posted before making such a request.
e. Mobile Telephone. In order for you to fully use the Service, we require that you have a mobile telephone running the Carzac app. The Service allows you to send and receive SMS and other text-based messages (such as iMessages) (collectively, “Texts”). Standard text messaging rates and/or other carrier charges may apply to such use. You are solely responsible for all fees charged to you in connection with your use of the Service, including without limitation all fees for data usage with respect to the App, and all fees associated with the Texts you send and receive.
f. Mapping Programs. The Service includes map functionality in order to help coordinate your shared rides. Location data, as well as any maps data provided by any Service, is for basic navigational purposes only, and is not intended to be relied upon. Neither Carzac nor any of its licensors guarantees the availability, accuracy, completeness, reliability or timeliness of location data or any other data or information displayed within the Service. LOCATION DATA MAY NOT BE ACCURATE. TO THE EXTENT THAT THE SERVICE PROVIDES REAL TIME ROUTE GUIDANCE, YOUR USE OF THIS REAL TIME ROUTE GUIDANCE APPLICATION IS AT YOUR SOLE RISK. NEITHER CARZAC NOR ITS LICENSORS OR SERVICE PROVIDERS SHALL BE LIABLE FOR ANY DAMAGES OR LOSSES ARISING FROM ANY USE OR MISUSE, RELIANCE ON, INABILITY TO USE, INTERRUPTION, SUSPENSION OR TERMINATION OF SUCH MAPS AND LOCATION FUNCTIONALITY.
g. Decency Standards. The Service relies on the respectful behavior of users toward one another. Consequently, you agree and acknowledge that:
- You will use all reasonable efforts to be on time for rides and pick-ups, and meet the commitments you have made with others to share rides;
- In cases in which a cancellation is required, you will communicate such cancellation as early as possible so that the other person can make other plans;
- You will refrain from using your mobile telephone during rides, and you will not engage in mobile telephone conversations of more than a minute during rides;
- As a driver, you will make every effort to ensure that the environs of the car are comfortable for all occupants, including no playing loud or disturbing music or programs such that others can hear it.
- You will not use the Service to bully, abuse, spam, demean, harass, stalk, threaten, embarrass, impersonate, attack, or cause harm to any other person or entity;
- You will not use or disclose the information learned through the Service about another user in any way other than to the extent necessary provide the Service to that particular user;
- You will not interfere with or otherwise violate a user’s right to privacy or publicity;
- You will not distribute any information or materials on the Service that is not related to the Service (examples of this would be advertising, surveys, contests, and the like);
- You will not distribute any information or materials on the Service that are obscene, libelous, defamatory, pornographic, offensive, indecent, disrespectful or otherwise objectionable (whether in the form of text, graphics, photographs, sounds, images, or otherwise), as determined by Carzac in its sole discretion;
- You will not advertise or sell any goods or services in connection with your use of the Service;
- You will not use any name or logo of any third party without obtaining that third party’s prior written consent thereto; and
- You will comply with other Carzac rules that we may make available to you from time to time.
4. Use of the Service By Minors.
The Service is designed for use only by individuals who are at least eighteen (18) years of age. By downloading the App and accessing and using the Service, you represent and warrant that you are at least eighteen (18) years of age and have the legal right to enter into this Agreement and use the Service in accordance with this Agreement. If you are less than eighteen (18) years old, you are not permitted to use the Service. Additionally, and in order to comply with the Children’s Online Privacy Protection Act of 1998 (COPPA), we do not knowingly collect personal information about persons under age thirteen (13) (“Minor Personal Information”). If you become aware that we are in possession of Minor Personal Information belonging to your child, please notify us immediately, and we will delete such from our records.
5. License and License Limitations; Support Service.
Subject to your compliance with this Agreement and with applicable laws, Carzac grants to you a limited, non-exclusive, non-transferable, and revocable license, without the right to sublicense, to access and the Service solely for your personal and non-commercial purposes. With respect to iPhone App only, such license is limited to iOS Products that you own or control and as permitted by the Usage Rules set forth in the App Store Terms of Service, except that the App may be accessed, acquired, and used by other accounts associated with you via the Family Sharing Program.
Other than the license set forth in the immediately preceding paragraph, Carzac does not grant you any right, title or interest in or to the Service in this Agreement, and any other use, including any commercial use, is strictly prohibited.
For clarity, you may not:
- provide any inaccurate or false information through the Service;
- use the Service in any manner that competes with Carzac, that violates a third party’s rights to privacy, or that does not comply with applicable law;
- transmit, stream, broadcast, distribute, transfer, provide licenses to, modify, create derivative works of, adapt, perform, or publicly display all or any portion of the Service, or otherwise provide any information within the Service to a third party;
- disable, interfere with, circumvent or breach any authentication- or security-related features of the Service, or try to determine, assess, scan, or test the vulnerability of the Service;
- reverse engineer, decompile, disassemble, discover the source code, or any portion of the Service, or post any information from the Service on the Internet;
- distribute viruses, time or logic bombs, trapdoors, Trojan horses, worms, backdoors, or any other code or programming routines that are intended to disable, interfere, damage, intercept, or negatively affect websites or computer programs;
- use any metadata, hidden text, or meta tags containing any names, trademarks, or product names of Carzac or of any third parties;
- frame all or any part of the Service;
- deliberately download or print, or attempt to download or print, significant parts of the Service or their contents;
- obscure, hide, delete, or change any proprietary notices from any materials downloaded, printed out or otherwise obtained through the Service;
- post, email, upload, or otherwise transmit any material that infringes a third party’s intellectual property rights or privacy rights, or any material that you do not have legal rights to transmit (including any information that, if transmitted by you, would violate your obligations to a third party).
Notwithstanding anything to the contrary within this Agreement, we do not provide any support services or other maintenance services for the Service.
6. Intellectual Property.
Carzac, Inc. and the logos or other proprietary marks of Carzac and its licensors are trademarks of Carzac and its licensors, and no right, title or interest in or to such trademarks is granted you in this Agreement other than the limited license set forth above.
As between you and Carzac, Carzac is and shall remain the sole owner of all right, title and interest in and to all patent, copyright, trademark and other intellectual property and proprietary rights in and to the Service, including without limitation, the information, content, and software therein; and nothing grants to you any rights other than the limited license set forth above. Any and all rights to the Service (including any information, content and software therein) not expressly granted to you in this Agreement are reserved solely by Carzac.
7. DISCLAIMER OF WARRANTIES AND LIABILITY.
YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. ALL CONTENT AND OTHER INFORMATION MADE AVAILABLE TO YOU VIA THE SERVICE ARE PROVIDED “AS IS” AND “AS AVAILABLE”. CARZAC DOES NOT MAKE ANY WARRANTIES OF ANY KIND, AND CARZAC HEREBY DISCLAIMS ANY AND ALL SUCH WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. CARZAC DISCLAIMS ANY AND ALL WARRANTIES REGARDING THE PERFORMANCE, ACCURACY, RESPONSIVENESS, SAFETY, SECURITY, RELIABILITY, OR TIMELINESS OF THE SERVICE, INCLUDING WITHOUT LIMITATION ANY WARRANTY THAT THE SERVICE WILL BE AVAILABLE AT ALL TIMES OR THAT THE SERVICE WILL OPERATE WITHOUT ERROR OR INTERRUPTION. CARZAC MAKES NO WARRANTIES WHATSOEVER AS TO THE ACCURACY, ADEQUACY, SAFETY, COMPLETENESS, SUITABILITY, USEFULNESS, RELIABILITY, OR TIMELINESS OF THE SERVICE OR INFORMATION PROVIDED THROUGH THE SITE. IF AND SOLELY TO THE EXTENT THAT YOUR JURISDICTION DOES NOT PERMIT US TO EXCLUDE AND DISCLAIM WARRANTIES AS STATED HERE, THEN THESE EXCLUSIONS AND DISCLAIMERS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF SUCH JURISDICTIONS.
YOU ARE SOLELY RESPONSIBLE FOR YOUR USE OF THE SERVICE. CARZAC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE IN ANY WAY FOR ANY DAMAGES YOU MAY SUFFER OR CAUSE THROUGH YOUR USE OF THE SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NEITHER CARZAC NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, OR INFORMATION PROVIDERS SHALL BE LIABLE IN ANY WAY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR LOST PROFITS, ARISING OUT OF OR IN CONNECTION WITH OUR RELATIONSHIP WITH YOU, OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING THE CONTENT THEREIN). IF YOU ARE NOT SATISFIED WITH THE SERVICE, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR ACCESS TO AND USE OF THE SERVICE. IF YOUR JURISDICTION DOES NOT PERMIT US TO LIMIT OUR LIABILITY IN THIS MANNER, THEN YOU AGREE AND ACKNOWLEDGE THAT CARZAC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, AND INFORMATION PROVIDERS SHALL NOT BE LIABLE FOR ANY DIRECT DAMAGES ARISING OUT OF OR IN CONNECTION WITH OUR RELATIONSHIP WITH YOU, OR YOUR ACCESS TO, USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING THE CONTENT THEREIN) EXCEEDING FIFTY DOLLARS ($50.00).
CARZAC SHALL NOT HAVE ANY LIABILITY FOR ANY LOSSES OR OTHER DAMAGES, WHETHER INDIRECT OR DIRECT, ARISING OUT OF OR RELATING TO YOUR USE OF THIRD-PARTY WEBSITES (AS DESCRIBED IN SECTION 9 BELOW).
YOU, ON BEHALF OF YOURSELF AND ANY AND ALL OF YOUR HEIRS, ASSIGNS, REPRESENTATIVE, ATTORNEYS, AND ALL PERSONS AND ENTITIES ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THEM, HEREBY RELEASE AND FOREVER DISCHARGE CARZAC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS AND INFORMATION PROVIDERS, AND ALL OF THEIR PREDECESSORS, SUCCESSORS, HEIRS, ASSIGNS, REPRESENTATIVES, ATTORNEYS, AND ALL PERSONS AND ENTITIES ACTING BY, THROUGH, UNDER OR IN CONCERT WITH ANY OF THEM, FROM ANY AND ALL CLAIMS, LIABILITIES, DEMANDS, OBLIGATIONS, CAUSES OF ACTION, DAMAGES, LOSSES, COSTS, EXPENSES, AND COMPENSATION, OF ANY NATURE WHATSOEVER, KNOWN OR UNKNOWN, FIXED OR CONTINGENT, INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS OF LITIGATION, WHICH IN ANY WAY ARISE OUT OF, CONCERN, RESULT FROM, OR ARE IN ANY MANNER OR WAY WHATSOEVER IN CONNECTION WITH YOUR USE OF THE SERVICE. IT IS EXPRESSLY UNDERSTOOD AND AGREE THAT ALL RIGHTS UNDER SECTION 1542 OF THE CIVIL CODE OF CALIFORNIA AND ANY SIMILAR LAW OF ANY STATE OR TERRITORY OF THE UNITED STATES ARE HEREBY WAIVED. CIVIL CODE SECTION 1542 READS AS FOLLOWS:
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.
YOU UNDERSTAND AND ACKNOWLEDGE THE SIGNIFICANCE AND CONSEQUENCES OF SUCH SPECIFIC WAIVER OF SECTION 1542, AND ANY SIMILAR LAW, AND HEREBY ASSUME THE RISK AND FULL RESPONSIBILITIES FOR ANY INJURIES, DAMAGES, LOSSES, OR LIABILITIES THAT MAY HERETOFORE HAVE OCCURRED OR ARE KNOWN, OR MAY HEREAFTER OCCUR OR BECOME KNOWN, WITH RESPECT TO YOUR USE OF THE SERVICE.
THE LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL APPLY WHETHER THE ASSERTED LIABILITY OR DAMAGES ARE BASED IN CONTRACT (INCLUDING, BUT NOT LIMITED TO, BREACH OF WARRANTY), TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR ANY OTHER LEGAL OR EQUITABLE GROUNDS.
ANY CLAIM BY YOU ARISING OUT OF OR RELATING TO OUR RELATIONSHIP WITH YOU OR YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE (INCLUDING ANY CONTENT THEREIN) MUST BE BROUGHT BY YOU WITHIN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CLAIM, OR SUCH CLAIM WILL BE FOREVER BARRED.
IF AND SOLELY TO THE EXTENT THAT YOUR JURISDICTION DOES NOT PERMIT US TO LIMIT OUR LIABILITY TO YOU AS STATED IN THIS AGREEMENT, THEN THE LIMITATIONS SET FORTH IN THIS AGREEMENT SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY THE APPLICABLE LAW OF SUCH JURISDICTIONS.
You agree to indemnify, defend, and hold Carzac and its affiliates, and its and their respective directors, officers, employees, contractors, agents, licensors, and information providers harmless from and against and all demands, claims, causes of actions, losses, damages and costs, including attorneys fees and expenses, resulting from or arising in connection with any of the following:
- your breach of any of these Terms;
- your access to and use of the Service;
- your activities on the Service, and any activities on the Service by anyone accessing the Service through you (including without limitation any damages arising from accidents in which you are involved, or individuals accessing the Service through you as the result of your negligent or willful conduct); and
- your violation of any rights of a third party, including without limitation any violation of a third party’s intellectual property or other property, confidentiality, or privacy rights.
We reserve the right, at our expense, to assume the defense or control of any matter subject to indemnification by you, and you agree to cooperate with us, at your own expense, with respect to our defense or control thereof.
9. Third-Party Websites.
Your use of the Site is expressly conditioned on your agreement to and compliance with the terms and conditions in this Agreement. Carzac may modify all or any portion of this Agreement at any time. In such event, we will post a notification of such change within the Service. Any such modifications will become effective no sooner than fourteen (14) days after they are posted to the Service; provided, however, that changes made for legal reasons or to describe new functionality of the Service will be made effective immediately. All such modifications will become part of this Agreement upon being posted to the Service. We encourage you to visit the Service periodically to review whether there have been any modifications to these Terms that may affect you. The most recent date upon which this Agreement was modified is as stated at the top of this Agreement. If you disagree with any modifications to this Agreement, you should cease using the Service. Your continued use of the Service constitutes your agreement to any modifications of this Agreement made by Carzac.
We reserve the right, in our sole discretion, to change the Service or any component thereof (including without limitation any information or content located thereon) at any time, to discontinue the Service entirely, or to terminate individual users’ access to the Service, for any reason or no reason, and without providing advance notice of such. We may elect, in our sole discretion, suspend or terminate your access to the Service, for any reason (including without limitation your breach of any portion of this Agreement) or no reason, and without providing advance notice to you. Any suspension or termination of your access to the Service will terminate all licenses and other rights granted by us to you under this Agreement. For clarity, however, and notwithstanding the foregoing, any suspension or termination hereunder shall not affect your obligations to Carzac pursuant to those provisions of these Terms that, by their nature, are intended to survive any such suspension or termination, including without limitation, Section 2 (What We Do and Do Not Do), Section 3 (Your Use of the Service), Section 6 (Intellectual Property), Section 7 (Disclaimer of Warranties and Liability), Section 8 (Indemnification), Section 9 (Third-Party Websites), this Section 11 (Termination), Section 12 (Terms Required by Third Parties), Section 13 (Dispute Resolution), and Section 14 (Miscellaneous) shall survive; but your license to the Site (as set forth in Section 3 (License And License Limitations; Support Services) hereof) shall be suspended or terminated, as the case may be.
12. Terms Required by Third Parties.
- You acknowledge and agree that:
- This Agreement is concluded between you and Carzac only; and Carzac, not Apple Inc. (“Apple”), is solely responsible for the iPhone App and contents thereof;
- Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the iPhone App;
- In the event of any failure of the iPhone App to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for such iPhone App to you; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the iPhone App;
- Apple is not responsible for addressing any claims that you may have relating to the iPhone App or your possession and/or use of the iPhone App;
- Apple has no obligation or responsibility whatsoever for the investigation, defense, settlement and discharge of any third-party claim that the iPhone App, or your possession and use of the iPhone App, infringes that third party’s intellectual property rights;
- You must comply with applicable third-party terms of agreement when using the iPhone App; and
- Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce the Agreement against you as a third-party beneficiary thereof.
- You represent and warrant to Carzac and to Apple that:
- You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
- You are not listed on any U.S. Government list of prohibited or restricted parties.
- Apple, the Apple logo, iPad, and iPhone are trademarks of Apple Inc., registered in the U.S. and other countries. App Store is a service mark of Apple Inc.
- Android is a trademark of Google Inc. The Android robot is reproduced or modified from work created and shared by Google and used according to terms described in the Creative Commons 3.0 Attribution License. Google Play is a trademark of Google Inc.
13. Dispute Resolution.
This Agreement shall be governed by and construed in accordance with the laws of the State of California, United States of America. You agree that any enactment of the Uniform Computer Information Transactions Act (UCITA), if such is enacted into law in California, shall not enter into any part of the interpretation of this Agreement. You irrevocably agree that the state or federal courts located in or serving San Francisco County, California, United States of America, shall have exclusive jurisdiction and venue over any action arising out of or relating to this Agreement or your use of the Service. You irrevocably consent to the personal jurisdiction of such courts and waive any and all claims and objections that any such court lacks personal jurisdiction over you, is an improper venue, or is an inconvenient forum.
a. Relationship of Parties. The relationship of Carzac with you is solely one of an independent contractor, and no partnership, joint venture, employment, agency, or other relationship is created by this Agreement.
b. No Third-Party Beneficiaries. Except with respect to Carzac’s licensors, who may have the right to enforce this agreement as third-party beneficiaries thereof, there are no third-party beneficiaries to this Agreement.
c. Entire Agreement. This Agreement constitutes the entire and only understanding between Carzac and you regarding your use of the Service, and supersedes any and all prior or contemporaneous agreements, whether written or oral, regarding the Service. No modification or attempted modification by you of this Agreement by you shall be binding on Carzac unless made in writing and physically signed by an officer of Carzac. If there is any conflict between a provision of this Agreement and a subsequent, separate, and written agreement between you and Carzac relating to the Service, the written agreement will control.
d. Severability. To the extent that any provision of this Agreement is deemed illegal, invalid, or unenforceable, the illegal, invalid or unenforceable provision will be removed from this Agreement and replaced with a valid, legal, and enforceable term that best accomplishes the objective of the illegal, invalid, or unenforceable provision; and the remainder of the provisions within this Agreement will continue to be valid, legal and enforceable.
e. Waiver. Carzac’s failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision or any other provision of this Agreement. Any waiver by Carzac must be in writing and signed by an officer of Carzac in order to be effective.
f. Headings. The headings contained within this Agreement are for ease of reference only, and shall not affect the interpretation of this Agreement.
g. Typographical Errors. The Service may contain typographical or other errors or omissions, and may not be completely up-to-date or current. Carzac reserves the right, in its sole discretion, to update the Service to correct such errors or omissions and to update or change information as needed, at any time, without providing prior written notice to you. However, Carzac does not guarantee that all such errors and omissions will be corrected, nor that such updates and changes will be made.
h. Notices. Notices sent to you by Carzac in connection with this Agreement or your use of the Service may be delivered to you by electronic mail or first class U.S. Mail (solely to the extent that you provide such addresses to us), or a general notice on the Service. You may give notice to Carzac at any time by letter delivered by first class postage prepaid U.S. Mail or overnight courier to the following address: Carzac, Inc. 2323 Broadway, Oakland, CA 94612.
i. California Department of Consumer Affairs. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or via telephone at (800) 952-5210 or (916) 445-1254.
15. Contact Us.
Please contact us if you have any questions regarding this Agreement. We are located at the following address:
Oakland, CA 94612.
You may also contact us via telephone at 415-805-7748.
Note: This address is provided so that you can send us questions or concerns about this Agreement. Any correspondence you provide regarding any other topic, such as inquiries for technical support, formal notices, requests to be unsubscribed from our mailing list, or reports of instances of infringement, will not receive a response through this process.
16. Infringement: Digital Millennium Copyright Act (DMCA) Notices.
It is Carzac’s policy to respond to each notice of suspected copyright or trademark infringement that we receive. We may respond to such notices by removing access to such allegedly infringing content or by terminating particular users' ability to access the Service, and we reserve the right to do either or both of such actions. In the event we take either or both of these actions in response to a notice, we will make a good-faith effort to contact the individuals that provided such information in order to permit them to provide a Counter-Notice, as described below.
- Infringement Notice. If you have a good faith belief that your copyright or trademarked property (each, an “Item”) has been posted within the Service, you must provide written notice (an "Infringement Notice") to us, at the address below, which must include, at a minimum:
- Description of the Item that you allege is copyrighted or trademarked (in sufficient detail to permit us to identify it);
- Information regarding the location of the Item (e.g., the URL of each web page on which such Item is located) that permits us to locate the Item on the Site;
- a statement by you that you have a good faith belief that the use of the Material is not permitted by the law, or the copyright or trademark owner or its agent;
- A written statement by you that you attest and swear under penalty of perjury that:
- The information contained in the Infringement Notice is accurate and complete; and
- You are the owner, or are authorized to act on the behalf of the owner, of an exclusive right to the copyright or trademark that has allegedly been infringed;
- Your contact information (including, at a minimum, your name, address, telephone number and, if available, your email address); and
- Your signature (in either physical or electronic form).
- Counter-Notices. If you have a good faith belief that an Item posted on the Site was improperly removed for alleged copyright or trademark infringement, you may provide written notice (a "Counter-Notice") to us, at the address below, which must include, at a minimum:
- Description of the Item that you allege is copyrighted or trademarked (in sufficient detail to permit us to identify it);
- Information regarding the location of the Item before it was removed (e.g., the URL of each web page on which such Item was located prior to its removal);
- A written statement by you that you attest and swear under penalty of perjury that you have a good faith belief that the removal of the Item from the Site was removed as the result of a misidentification or mistake. With respect to instances of alleged trademark infringement only, you must also provide to us information that explains why the trademarked Item is not being infringed;
- A written statement that you consent to the jurisdiction of:
- the Federal District Court for the judicial district in which you reside, if you are located in the United States; or
- the Federal District Court for the judicial district in which Carzac is located, if you are located outside the United States;
- A written statement by you that you agree to accept service of process from the individual who provided Carzac with the Infringement Notice (or his or her agent);
- Your contact information (including, at a minimum, your name, address, telephone number and, if available, your email address); and
- Your signature (in either physical or electronic form).
- Address for Infringement Notices and Infringement Counter-Notices. All Infringement Notices and Counter-Notices must be sent to Carzac at the following address: email@example.com
Note: This address is provided solely so that you can send us Infringement Notices and Counter-Notices. Any correspondence you provide regarding any other topic, such as requests to be unsubscribed from mailings, inquiries for technical support, or questions or concerns regarding these Terms generally, will not receive a response through this process.
© 2015 Carzac Inc. All rights reserved.