1. ACCEPTANCE OF TERMS
2. DESCRIPTION OF SERVICE
CAR-Research is an email and customer relationship management (CRM) and lead management software application (the “Service”). You understand and agree that the Service is provided on an AS IS and AS AVAILABLE basis. CAR Research disclaims all responsibility and liability for the availability, timeliness, security, reliability, deletion, mis-delivery, or failure to store any information, communications, or settings of the Service. CAR Research also reserves the right to change, suspend, or cancel the Service based on the agreement signed by client.
3. REGISTRATION OBLIGATIONS AND PROPER USE
You must be at least thirteen (13) years of age to use the Service. You must provide current and accurate contact, identification, and other information that may be required as part of the registration process and/or continued use of the Service. You are responsible for maintaining the confidentiality of your Service password and account, and are responsible for all activities that occur thereunder. CAR Research reserves the right to refuse the Service without notice to anyone, at any time, for any reason.
4. PROHIBITED USE
The following uses of the Service are prohibited:
- ILLEGAL USE. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that, intentionally or unintentionally, violates any applicable local, state, national or international law, or any rules or regulations promulgated thereunder.
- HARM TO MINORS. Using the Services to harm, or attempt to harm, minors in any way.
- THREATS. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that threatens or encourages bodily harm or destruction of property.
- HARASSMENT. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that harasses another.
- FRAUDULENT ACTIVITY. Using the Services to make fraudulent offers to sell or buy products, items, or services or to advance any type of financial scam such as “pyramid schemes,” “Ponzi schemes,” and “chain letters.”
- FORGERY OR IMPERSONATION. Adding, removing or modifying identifying network header information in an effort to deceive or mislead is prohibited. Attempting to impersonate any person or organization by using forged headers or other identifying information is prohibited.
- SPAM. Using the Services to transmit any unsolicited commercial email or unsolicited bulk email. Activities that have the effect of facilitating unsolicited commercial email or unsolicited bulk email whether or not that email is commercial in nature, are prohibited.
- UNAUTHORIZED ACCESS. Using the Services to access, or to attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of CAR Research’s or another entity’s computer software or hardware, electronic communications system, or telecommunications system, whether or not the intrusion results in the corruption or loss of data.
- COPYRIGHT OR TRADEMARK INFRINGEMENT. Using the Services to transmit any material (by email, uploading, posting, or otherwise) that infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party, including, but not limited to, the unauthorized copying of copyrighted material, the digitization and distribution of photographs from magazines, books, or other copyrighted sources, and the unauthorized transmittal of copyrighted software.
- RESELLING THE SERVICES. Reselling the Services without CAR Research’s authorization.
Some of the CAR Research services require that you purchase a subscription or otherwise pay a fee. You are solely responsible for all charges, fees, duties, taxes, and assessments arising out of any use of your CAR Research account by you or anyone else using your account. CAR Research reserves the right to modify the fees charged for its services from time to time, provided that such new fees shall not take effect earlier than thirty (30) days after CAR Research notifies you via email or otherwise of such modified fees.
In the event that CAR Research terminates your account for violation of these Terms of Service, you will not be entitled to the return of any fees paid with respect to any such terminated account service.
6. CANCELLATION POLICY
You acknowledge that if you cancel any subscriptions to a CAR Research service that you may not be entitled to a refund of all or part of amounts already paid by you for such CAR Research subscription. You agree that (a) this CAR Research’s cancellation policy is based on the contract signed at the inception of services.
8. YOUR ACCOUNT, PASSWORD, AND SECURITY
You are responsible for maintaining the confidentiality of your account login and password. You warrant and represent that you are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify CAR Research of any unauthorized use or breach of security, and (b) ensure that you logout from your account at the end of each session. CAR Research disclaims all responsibility and liability for any loss or damage arising from your failure to comply with these requirements.
9. TRANSMISSION AND STORAGE OF CONTENT
You understand that all information, data, text, software, graphics, messages, files, account settings, or other data materials relating to your account (“Content”), are the sole responsibility of the person from whom such Content originated. You warrant and represent that you, and not CAR Research, are entirely responsible for all Content that you upload, post, email, transmit, or otherwise receive or make available via the Service. CAR Research does not control the Content transmitted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent, or objectionable. Under no circumstances will CAR Research be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted, or otherwise made available via the Service.
You understand that CAR Research, at its sole discretion, may or may not filter Content, but that CAR Research and its agents and affiliates reserve the right, but have no obligation, at their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, CAR Research and its agents and affiliates reserve the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content posted, emailed, transmitted, or otherwise made available via the Service.
10. GENERAL PRACTICES AND LIMITS REGARDING USE
You acknowledge that CAR Research may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that email messages or other uploaded or created Content will be retained by the Service, the maximum number of email messages that may be sent from or received by an account on the Service, the maximum size of any email message that may be sent from or received by an account on the Service, the number of users you can add to your account, and the maximum disk space that will be allotted on CAR Research’s servers on your behalf. You agree that CAR Research has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that CAR Research reserves the right to disable or terminate accounts that are inactive for a period of time. You further acknowledge that CAR Research reserves the right to modify these general practices and limits at its sole discretion at any time.
11. MODIFICATIONS TO SERVICE
CAR Research reserves the right to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice, at any time or from time to time. You agree that CAR Research shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
12. TERMINATION AND CANCELLATION
You may cancel your use of the Services and/or terminate the TOS with or without cause at any time by providing a written notice to CAR Research; based on contract signed at inception of services. CAR Research may at any time and for any reason terminate the Service or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to your account or Content contained in your account although residual copies of information may remain in our system. If you have provided an alternate email address, CAR Research at its sole discretion may or may not notify you via email of any such termination or cancellation, which shall be effective immediately upon CAR Research’s delivery of such notice. You agree that all terminations for cause shall be made at CAR Research’s sole discretion and that CAR Research shall not be liable to you or any third party for any termination of your account, any associated email address, Content, or access to the Service.
You agree to hold harmless and indemnify CAR Research, and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs, and attorney fees, of every kind and nature. In such a case, CAR Research will provide you with written notice of such claim, suit or action.
14. LIMITATION OF LIABILITY
You agree that CAR Research shall not be liable for incidental or consequential damages arising from any and all causes of action in any way relating to the TOS or the use of the Service.
15. CHOICE OF LAW AND JURISDICTION
The TOS shall be governed by the laws of the State of Texas other than its conflict of laws provisions. The venue for any cause of action relating to the performance or non-performance of the TOS or otherwise related to your use of the Service or any intellectual property rights contained in the Service shall be the Circuit Court of Harris County, Texas. Each party consents to personal jurisdiction in the Designated Courts.