Term Of Use

Terms Of Use

TERMS OF USE

Please Read Carefully.

Last Updated: April 7, 2019

The services that CARvengers, LLC and its parents, subsidiaries, representatives, affiliates, officers and directors (collectively, hereinafter “CARvengers,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Use”), which govern your access to and/or use of the website and/or use of any mobile versions and/or applications, content, products, reviews and ratings, services and any sites CARvengers may have now and/or in the future (collectively, the “Services”).

By using the Services, you signify your agreement with this Terms of Use and are entering into a legally binding agreement with CARvengers. Please read this Terms of Use carefully. If you do not accept this Terms of Use, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of the Services is unauthorized. This Terms of Use expressly supersedes prior agreements and/or arrangements with you.

PRIVACY POLICY

You also agree to CARvengers’ privacy policy, located at https://www.carvengers.com/privacy-policy (“Privacy Policy”) and consent to any personal information we may obtain about you being collected, stored, and/or otherwise processed in accordance with the Privacy Policy and this Terms of Use.

ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND CARVENGERS WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.

CHANGES TO TERMS

Subject to the conditions set forth herein, CARvengers may, at any time, for any reason, in its sole discretion make changes to the Services and/or modify this Terms of Use. If CARvengers makes changes and/or modifications that affect your access to and/or use of the Services, CARvengers will provide a notice of such changes only by posting the updated Terms of Use on the page and changing the “last updated” date listed above. We may also provide you with additional forms of notice of modifications and/or updates as appropriate under circumstances. If you do not agree with the changes and/or modifications, you shall not use the Services after the effective date of the changes. Please revisit this Terms of Use regularly to ensure that you stay informed of any changes.

SCOPE OF USE

Eligibility. To access and/or use the Services, you must be thirteen (13) years or older and have the requisite power and authority to enter into this Terms of Use and meet any other applicable age and residency requirements. The Services are not intended for and should not be used by anyone under the age of thirteen (13) unless CARvengers receives legal parental or guardian consent. Otherwise, you represent that you are over the age of eighteen (18) and are the intended recipient of the Services. You may not access and/or use the Services for any purpose if either of the representations in the preceding sentence are not true. You may not access or use the Services if you are a competitor of ours or if we have previously banned you from the Services or otherwise closed your account.

Use of Services and Availability. CARvengers retains the right, in our sole and absolute discretion, to deny service and/or access to and/or use of the Services to anyone at any time and for any reason without liability. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Services and/or access to your account due to circumstances both within our control (e.g., routine maintenance) and outside of CARvengers’ control. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.

Creating an Account. You will be able to browse the Service and features without creating an account; however, in order to schedule any services and/or appointments, or utilize other available services, you will be required to create an account through the Services. Your account requires you to (i) indicate agreement to this Terms of Use, (ii) provide contact information, and (iii) submit any other form of authentication required during the enrollment process, as determined by CARvengers in its sole and absolute discretion. If you establish an account with CARvengers, you agree to provide true, accurate and current information in connection with your account. You are responsible for updating and correcting information you have submitted to create and/or maintain your account. Any usernames and passwords used for the Services are for individual use only. You are solely responsible for maintaining the security and confidentiality of the password you use to access your account. You understand and agree that CARvengers shall have no responsibility for any incident arising out of, or related to, your account settings. CARvengers will assume that anyone using the Services and/or transacting through your account is you. Therefore, you further agree to immediately notify CARvengers of any unauthorized use of your password and/or account and/or any other breach of security. You may only create and hold one (1) account that you are solely responsible for managing and are prohibited from using other disguised identities when using the Services. We may refuse to grant you an account with a name that impersonates someone else, if it may be illegal, vulgar, offensive, and/or if it may be protected by trademark and/or other proprietary rights, as determined by CARvengers in its sole and absolute discretion. Your account is non-transferrable and may not be sold, combined and/or otherwise shared with any other person. If you violate this Terms of Use we may terminate your account immediately. Upon termination, the provisions of this Terms of Use that are by their nature intended to survive termination (including without limitation any disclaimers, limitations of liability and indemnities) shall survive such termination.

If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud and/or falsify information in connection with your access to and/or use of the Services, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, and we may pursue legal action through relevant local and national law enforcement authorities and may notify your ‘Internet Service Provider’ of any fraudulent activity we associate with you and/or your access to and/or use of the Services.

Communications from CARvengers. By using the Services, you agree to receive certain communications in connection with the Services. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.

Mobile Messaging. You may agree to receive CARvengers text messages to your mobile phone/device regarding the Services. Your mobile number will be used to communicate with you by text message regarding the Services. You understand and agree that text messages sent to your mobile phone/device may be generated using automated technology. Your consent to receive text messages is not required to use the Services. Your mobile carrier’s rates apply. All charges are billed by and payable to your mobile service provider. CARvengers does not charge you for sending or receiving text messages. CARvengers will not be liable for any delays in the receipt of any SMS messages as delivery is subject to effective transmission from your network operator.

Referrals. You are allowed to earn a referral fee if (i) a referred service provider or customer provides your referral code, and (ii) the referred service provider sets up an account through CARvengers’ Service (“Qualified Referral”). The referrer will be credited with a referral fee (“Referral Fee”) within thirty (30) days following the first monthly or annual subscription fees, as applicable, paid by the Qualified Referral. The Referral Fee is subject to change in CARvengers sole and absolute discretion and the then-current Referral Fee shall be posted on the Services. Referral codes should not be published or distributed on commercial websites (such as coupon websites) or on blogs with the primary purposes of soliciting a referral fee. Users are prohibited from “spamming” anyone with referral codes or invitations for referrals. This shall include without limitation, mass emailing, texting or messaging unknown businesses using automated systems or bots through any channel to distribute your referral code. You are prohibited from paying to advertise referral codes. This referral program may not be combined with other CARvenger referral programs or incentives. CARvengers may suspend or terminate this referral program or a user’s ability to participate at any time for any reason.

Give Back Program. From time to time, CARvengers, in its sole and absolute discretion, may give a percentage or other dollar amount received from all subscription fees to a non-profit, mission specific entity or social enterprise of its choice following a service provider’s one year anniversary or upon other terms as CARvengers may determine.

Your Responsibilities. CARvengers grants you the rights set forth herein, subject to the following conditions:

You shall not write a fake or defamatory review, trade reviews with other businesses or compensate someone or be compensated to write or remove a review;
You shall not modify, disassemble, create derivative works, publicly display, reverse engineer and/or otherwise reduce to human-perceivable form all or any part of the Services;
You agree not to submit and/or transmit any emails, User Content (defined below) or other materials through the Services that contain a virus, worm, Trojan horse and/or any other harmful component designed to interrupt, destroy and/or limit the functionality of any computer software and/or hardware and/or telecommunications equipment, and/or that is designed to obtain unauthorized access to any information;
You shall not obtain or attempt to obtain any data through any means from the Services, except if we intend to provide and/or make it available to you;
You agree not to access or retrieve any portion of the Services for purposes of constructing a searchable database of business reviews;
You shall not pretend to be someone else, use someone else’s identify or misrepresent your affiliation with a person or entity, including misrepresenting a relationship with CARvengers, or otherwise attempt to mislead others as to the identity of the sender or the origin of a review or rating;
You shall not copy or imitate part or all of the design, layout, and/or look-and-feel of the Services and/or individual sections of it, in any form or media;
You are responsible for the accuracy of the data and content that you submit;
You shall not submit User Content, in any form, that is harmful, offensive, inaccurate or otherwise inappropriate including without limitation libelous, defamatory, harassing, racially, ethnically and/or otherwise objectionable;
You agree not to take any action that would undermine the review and rating process through the Service;
You agree not to intentionally hold CARvengers and/or their employees and/or directors up to public scorn, ridicule and/or defamation;
You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property;
You will not submit User Content that violates, plagiarizes and/or infringes the rights of third parties including, without limitation, copyright rights, trademarks, rights of privacy or publicity and/or any other proprietary right; and/or that is designed to obtain unauthorized access to any information; and
You shall not use the Services for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services provided.

Contribution Restrictions. Your contributions to the Services, including but not limited to reviews, shall be unbiased and objective. Please ensure that all contributions are relevant and appropriate to the Services. We ask that you do not publicize other people’s private information and do not use full names unless you are referring to service providers and businesses.

Competition Restrictions. You shall not (i) engage in any business activity to provide, sell, rent or resell services similar and/or competitive with CARvengers; (ii) use the Services to provide competitive services; and/or (iii) create, reference or advertise any product or service that would compete with CARvenger Services.

USE OUTSIDE DEFINED AREA

Please be aware that our Services are subject to United States laws, including laws governing privacy and security of your information. Those who choose to access the Services from other locations do so at their own risk and are responsible for compliance with applicable local laws. This Terms of Use is written in English. To the extent any translated version of this Terms of Use conflicts with the English version, the English version controls. In the event you are using the Services outside of the United States, you agree as follows: (i) you consent to having your personal data transferred to and processed in the United States; (ii) if you are located in a country embargoed by the United States, or are on the U.S. Treasury Department's list of ‘Specially Designated Nationals’ you will not engage in commercial activities on CARvengers (such as advertising or payments); and/or (iii) you will not use CARvengers if you are prohibited from receiving products, services or software originating from the United States.

ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE

Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to services, contact information, address, and events. We reserve the right to: (i) correct any errors, inaccuracies, and/or omission; and/or (ii) make changes to content, events, descriptions, service and/or other information without obligation to issue any notice of such changes, except as prohibited by law. We also reserve the right to revise, suspend and/or terminate an event and/or promotion at any time without notice and without liability.

PROPRIETARY RIGHTS AND LICENSES

Ownership: The Services, any content and/or products on the Services and the infrastructure used to provide the Services are proprietary to CARvengers, our affiliates, and other content providers. By using the Services and accepting this Terms of Use, CARvengers grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and/or use the Services pursuant to this Terms of Use and to any additional terms and policies set forth by CARvengers. Neither this Terms of Use nor your use of the Services convey and/or grant to you any rights: (i) in or related to the Services except for the limited license granted above; and (ii) to use or reference in any manner CARvengers’ names, logos, product and service names, trademarks or services marks or those of CARvengers’ licensors.

Reservation of Rights. The materials, headers, videos, illustrations, photographs, graphics and content on the Services, as well as the organization and layout of the Services, are copyrighted and are protected by United States and international copyright laws and treaty provisions. Subject to the limited rights expressly granted hereunder, CARvengers and/or its third party providers reserve all right, title and interest in and to the services and content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.

User Content. Please carefully choose the information that you post on, through and/or in connection with the Services. You acknowledge and agree that you have no expectation of privacy with regard to any information, content, discussions, images, photographs, video, sound, descriptions, comments, reviews, ratings, responses, posts and/or messages (“User Content”) through communication facilities that may be offered on, through, and/or in connection with the Services from time to time. You assume all risks associated with User Content, including anyone’s reliance on its quality, accuracy, and/or reliability by you. You also represent that you own, and/or have the necessary permissions to use and authorize use of User Content as described in this Terms of Use. You hereby grant CARvengers a worldwide, perpetual, non-exclusive, royalty-free, irrevocable, assignable, sub-licensable, transferable license to use the User Content for any purpose including after termination of your account. You further hereby irrevocably grant the other users of the Services, the right to access and/or use User Content in connection with their use of the Services in accordance with this Terms of Use. You shall not imply that User Content is in any way sponsored and/or endorsed by CARvengers.

Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, reviews, recommendations and/or feature requests relating to the Services (“Feedback”), then you grant to CARvengers a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. CARvengers has no obligation to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.

Reviews. CARvengers will only allow reviews posted on the Service by those with verified appointments scheduled through the CARvengers’ Service. Please note that any business referenced in the review will have the opportunity to reply and/or comment. Additionally, CARvengers will temporarily “hold” any reviews which are two (2) stars or less for approximately seven (7) business days from the original posting date in order to allow the business an opportunity to reach out to the customer, and provide an effective resolution. However, if no action is taken by such business, the review will be posted “as is”.

Other. User Content does not necessarily reflect the opinion of CARvengers. We reserve the right to remove, screen, edit or reinstate User Content from time to time in the sole and absolute discretion of CARvengers and without notice to you. We have no obligation to retain or otherwise provide you with copies of User Content.

Prohibited Use

Gathering email addresses from CARvengers through harvesting or automated means is prohibited. Posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching, and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with CARvengers’ express written consent). You may not use the Services in any manner that could damage, disable, overburden, and/or impair the Services and/or interfere with any other party's use and/or enjoyment of the Services.

USER DISPUTES; SAFETY

Disputes. CARvengers generally does not, and will not be obligated in any way to, pre-screen, monitor and/or edit any User Content posted by users of the Services. However, CARvengers reserves the right to remove any User Content that, in its sole discretion, does not comply with this Terms of Use and/or is otherwise harmful, offensive, objectionable, competitive and/or inaccurate. CARvengers has no liability or responsibility to users of the Services and/or any other person and/or entity for performance and/or nonperformance of the aforementioned activities.

Safety. We encourage safe communication and interaction through our Services. When you post a review and/or rating, such contribution to the Service is intended for public consumption and are therefore viewable by the public. Please exercise your best judgment when posting personal information on the Internet.

Verification and Service Providers. You understand that CARvengers acts only as a platform and interface that provides information about various service providers, events, and coupon opportunities. CARvengers does not itself verify the qualifications of organizations, nor does it evaluate or control in any ongoing manner exchanges between users. Any opinions or statements expressed by a user are of those of the user alone, and are not to be attributed to CARvengers. CARvengers cannot and does not assume responsibility for the accuracy, completeness, safety, reliability, timeliness, innocuousness, legality and/or applicability of anything said, written, posted, displayed and/or otherwise made available by any user. Please use caution, and common sense when using CARvengers. CARvengers does not endorse and is not responsible or liable for any User Content, data, advertising, products, goods or services available or unavailable from, or through, any third party or service provider listed through the Services. You agree that should you use or rely on such data, advertisement, products, goods or services, available or unavailable from, or through any third party or service provider listed on the Services. CARvengers is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with such use or reliance. Your dealings with, or participation in promotions of any service provider, and any other terms, conditions, representations or warranties associated with such dealings, are between you and such service provider. You should make whatever investigation or other resources that you deem necessary or appropriate before hiring or engaging service providers. CARvengers is not responsible or liable, indirectly or directly, for any damage or loss caused or alleged to be caused by or in connection with any service provider’s products and/or services.

TERMINATION

If you violate this Terms of Use and/or if we have grounds to suspect that you violated this Terms of Use and/or other use parameters included on the Services, we may refuse use of the Services (or any portion thereof). CARvengers also reserves the right, in its sole discretion, to terminate your access to the Services or any portion thereof at any time, without cause and/or without notice and without liability. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person and/or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, CARvengers will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access. In such a case, CARvengers retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.

INDEMNIFICATION AND WAIVER

You shall indemnify, defend and hold harmless CARvengers, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of and/or in the relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention and/or breach of any third party, and/or constitutes the unauthorized use and/or misappropriation of any trade secret of any third party, (ii) your use of CARvengers’ Services; (iii) any breach of this Terms of Use by you, your officers, agents, employees, contractors and/or representatives and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to CARvengers upon your receipt of notice of any Claim against you which might give rise to a claim against CARvengers.

You acknowledge and agree that by accessing or using the Services, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.

DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

THE SERVICES AND ANY CONTENT, ARE PROVIDED BY CARVENGERS TO YOU ON AN "AS IS," "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY AND/OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, AND/OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE AND/OR TRADE PRACTICE, ALL OF WHICH CARVENGERS EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, CARVENGERS AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICES AND/OR CONTENT WILL MEET YOUR REQUIREMENTS AND/OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES, AND/OR CONTENT WILL BE EFFECTIVE, ACCURATE AND/OR RELIABLE; AND/OR (C) CARVENGERS WILL NOT BE LIABLE AND/OR OTHERWISE RESPONSIBLE FOR ANY FAILURE AND/OR DELAY IN UPDATING THE SERVICES AND/OR ANY CONTENT. NO ADVICE AND/OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CARVENGERS AND/OR THROUGH AND/OR FROM USE OF THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS TERMS OF USE. [THIRD PARTY SERVICES NOT WARRANTED…]

LIMITATION OF LIABILITY

YOUR USE OF THE SERVICES AND CONTENT IS AT YOUR OWN RISK. IN NO EVENT SHALL CARVENGERS, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, AND/OR SUPPLIERS BE LIABLE TO YOU AND/OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL AND/OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA AND/OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, STRICT LIABILITY, AND/OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF CARVENGERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY CARVENGERS ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION AND/OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, CARVENGERS’ LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.