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AppsCarBeast End User License Agreement
Updated in March, 2022
This End User License Agreement (this "EULA"), is a binding agreement between CarBeast ("Licensor") and you as an individual user ("You" or "Your"), individually referred to as a "Party" and both together as the "Parties".
By browsing or using Licensor websites, and mobile or web applications, You agree to be bound by all applicable terms and conditions of this EULA. Furthermore, by pressing the "End User Accept" button if present at the bottom of this page or otherwise signing this EULA, You acknowledge that You: (1) have read and understood this EULA; (2) agree to be bound by all the terms and conditions of this EULA; and (3) will use the Licensed Offer, as defined below, only within the U.S. or Canada. You further agree that if Licensor is required to engage in any proceeding, legal or otherwise, to enforce Licensor's rights under this EULA, Licensor shall be entitled to recover from You, in addition to any other sums due, reasonable attorneys' fees, costs and disbursements. If You do not agree to all the terms and conditions of this EULA, then You are not entitled to use any of the Licensed Software, Licensed Data, Resultant Data, or Licensed Offer, as defined below.
LICENSE
Licensed Software. As used in this EULA, the term "Licensed Software" means (i) Licensor's websites, and mobile or web applications, and associated user display panels, modules, and reports as available for individual use, and (ii) any and all related media, printed materials, and "online" or electronic documentation. Furthermore, Licensed Software includes software licensed by or on behalf of Licensor to provide the Licensed Offer as defined below.
Licensed Data, Resultant Data, and Licensed Offer. As used in this EULA, the term "Licensed Data" means all data that is owned, licensed, leased, obtained, or developed by or on behalf of Licensor, whether provided by the Licensor or provided by a third-party and/or You, including any such data that is loaded into, or located in, any data files, tables, objects, or other storage medium developed or maintained by Licensor or You. Licensed Data may contain information on vehicle repair orders from dealers and aftermarket repair shops, component diagrams, descriptions, maintenance, repair, parts, pricing, ontologies, product marketing materials, consumer reviews, expert articles, logos, and videos including, but not limited to analytics, reports, compilations, all output, copies, reproductions, improvements, modifications, adaptations, and translations. The term "Resultant Data" means any data that is generated from and/or includes Licensed Data under this EULA. Resultant Data may include information sufficiently different from the original data such that the Licensed Data may not be possible to identify even from analysis, processing, or reverse engineering. The term "Licensed Offer" means Resultant Data and/or Licensed Software.
License Grant. The Licensed Offer is licensed, not sold, to You for use strictly in accordance with the terms and conditions of this EULA. Licensor hereby grants You a revocable, non-exclusive, personal, non-sublicensable, non-transferrable, restricted and limited right to use and/or install the Licensed Offer on devices controlled by You, and to access and use the Licensed Offer on such devices strictly in accordance with the terms and conditions of this EULA.
SOFTWARE & DATA RIGHTS, OBLIGATIONS AND RESTRICTIONS
You may not copy, distribute, or make derivative works of the Licensed Offer, except as provided in this EULA.
You may not use, modify, or transfer the right to use the Licensed Offer, other than as expressly provided in this EULA.
You may not sublicense, rent or lease the Licensed Offer.
You may not allow additional users to directly or indirectly access the Licensed Offer, other than as may be specifically stated under this EULA.
You control Your access to the Licensed Offer account, and You are responsible for use of the Licensed Offer, in accordance with this EULA.
You (or any third-party at Your direction) shall (i) not reverse engineer, (ii) not disassemble, and (iii) not decompile the Licensed Offer. You acknowledge that the usage rights granted to You under this EULA are strictly limited to use of the Licensed Offer, only as provided by Licensor.
You (or any third-party at Your direction) shall (i) not modify or create a derivative work of the Licensed Offer, and (ii) not extract any individual parts of the Licensed Offer.
The Licensed Offer is provided for Your manual use. You agree not to use, directly or indirectly, any automated system, including without limitation "bots", "spiders", "crawlers" etc., to access the Licensed Offer.
The Licensed Offer is provided only for Your personal use. You agree not to use any part of the Licensed Offer for any commercial purposes. You also agree not to collect or "stockpile" any part of the Licensed Offer.
This EULA does not grant You any rights whatsoever in relation to Licensor's trademarks and/or service marks.
This EULA creates no obligations on the part of Licensor other than as specifically set forth in this EULA. Licensor reserves all rights not expressly granted to You in this EULA.
You are solely responsible for the content of any data that You enter into the Licensed Offer ("User Information") which may include information regarding Your vehicle, comments, reviews and/or any other items. You will secure and maintain all rights for the User Information necessary for Licensor to provide the Licensed Offer to You without violating the rights of any third-party or otherwise obligating Licensor to You or to any third-party. You are responsible to ensure that all User Information has been obtained in accordance with the applicable relevant law. Licensor does not and will not assume any obligations with respect to User Information or for Your use of the Licensed Offer, other than as expressly set forth in this EULA or as required by applicable law. Furthermore, You grant Licensor a limited, perpetual, royalty free, non-exclusive license to use, modify, and create derivative works from such User Information.
You agree to use the Licensed Offer and User Information in a manner consistent with any and all applicable laws and regulations.
You are responsible to provide and maintain all required software and equipment (which may include portable or mobile devices, if applicable) and Internet connectivity at any use location(s).
You are solely responsible for payment of any and all third-party fees required to use the Licensed Offer and User Information, and to access the Licensed Offer (such as telephone charges, mobile carrier fees, ISPs, data plans, connected hardware etc.). Furthermore, You assume responsibility for and agree to pay any and all taxes of any kind whatsoever charged, levied and/or payable, now or in the future, where applicable in connection with the use of the Licensed Offer.
You agree that Your information is and will always be complete, accurate and up-to-date. You must ensure that Your account password and/or access credentials for the Licensed Offer remain confidential at all times and agree that You are solely responsible for all activity that occurs via Your account. If You become aware of any unauthorized use of Your account or account information, or any other breach of security, You agree to notify Licensor immediately by using the form at https://carbeast.com/contact, and you agree that Licensor, at its sole discretion, may require changes to Your account information at any time for any reason.
The Licensed Offer is intended for users who are at least thirteen (13) years old, and any use, access or subscription to the Licensed Offer by anyone under 13 years of age is not authorized and not licensed, and in violation of this EULA. Licensor may terminate Your account, delete any information that You entered in the Licensed Offer, and/or prohibit You from using or accessing the Licensed Offer (or any portion, aspect or feature of the Licensed Offer) for any reason, at any time in Licensor's sole discretion, with or without notice, if Licensor believes that You are under 13 years of age. If You are less than eighteen (18) years old then You may use the Licensed Offer only if You are an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties, and agree to all provisions, of this EULA.
You may provide Licensor with comments or ideas about the Licensed Offer, including without limitation a comment or an idea to improve the Licensed Offer ("Suggestion"). By submitting any Suggestion, You do so willingly, without any additional compensation to You. You acknowledge that, by accepting Your submission, Licensor does not waive any rights to use a similar or related Suggestion previously known to or developed by Licensor, or obtained from sources other than You.
PRIVACY POLICY
You agree that You shall comply with the terms and conditions of the Licensor Privacy Policy (available at https://carbeast.com/privacy), which sets forth and describes the practices of Licensor with respect to the collection, use, and disclosure of information associated with Your use of the Licensed Offer. Licensor reserves the right to change the Licensor Privacy Policy at any time at its sole discretion. Licensor will post any changes to Licensor Privacy Policy. Your use of the Licensed Offer following the posting of changes to the Licensor Privacy Policy will constitute Your acceptance of any such changes.
CONSENT TO USE INFORMATION
In the course of using the Licensed Offer, data about You and Your usage of the Licensed Offer may be stored by Licensor. You hereby authorize and consent to the collection, storage and use, by Licensor and its affiliates, of any information and data related to or derived from Your use of the Licensed Offer, and any information or data that You provide to Licensor and its affiliates, consistent with the practices set forth in Licensor Privacy Policy. A vehicle identification number ("VIN"), a unique code commonly used to identify individual vehicles (for example, described at https://en.wikipedia.org/wiki/Vehicle_identification_number), may be part of such data provided by You. Any information You submit to the Licensor is governed by the Licensor Privacy Policy.
In accordance with Licensor Privacy Policy, Licensor may collect information including Your use of the Licensed Offer, payments made to Licensor, registered VINs provided by You along with Your name, phone number, and email address. By providing Your email address You consent to the use of Your email address to send You information and notices, including any notices required by law, related to the Licensed Offer (and in lieu of sending such information or notices by postal mail). You must use a valid email address registered to You, and You may not impersonate any person or entity, or otherwise mislead as to the origin of the information You share with Licensor. Licensor may also collect IP addresses that may indicate suspicious and/or malicious use and IP addresses and evidence of use that indicate violation of this EULA. For a VIN that You provide, Licensor may collect the associated vehicle's age, repairs performed, symptoms and/or problems that You report. Licensor may also collect geolocation data.
INTELLECTUAL PROPERTY
The Licensed Offer and all rights, without limitation including proprietary rights therein (including any all copyrights, patents, trademarks, trade secrets, and publicity rights), are owned, licensed or otherwise obtained by Licensor. The structure, organization, and software code of the Licensed Offer are valuable trade secrets and confidential information of Licensor and/or its sources. Except as expressly and unambiguously provided herein, You do not possess, and Licensor does not grant to You, any express or implied rights (whether by implication, estoppel or other legal theory) in or to any such intellectual property rights and all such rights are retained by Licensor and/or its sources.
You acknowledge and agree that Licensor and/or its sources have previously developed source and object code, and obtained data, for the purposes of creating the Licensed Offer. All such source and object code, and any obtained data, is owned by Licensor and/or its sources; and that this EULA does not convey any rights or licenses of such source, object code or data to You. Furthermore, there is no agreement for Licensor to provide a sublicense to You for any software to which Licensor is a licensee, or for any data obtained by Licensor.
All materials, data, documentation, computer programs, inventions (whether or not patentable), pictures, audio, video, artistic works, and all works of authorship, including all worldwide rights in them under patent, copyright, trade secret, or other property right, created, developed or obtained by Licensor while providing the Licensed Offer are owned by Licensor and/or its sources. For the avoidance of doubt, the Licensed Offer shall not include Your confidential information. If the ownership of any title and/or interest of any intellectual property rights in the Licensed Offer shall not otherwise vest with Licensor and/or its sources, then You assign to Licensor, and on future creation of any such intellectual property automatically assign to Licensor, without further consideration, the ownership of all such rights.
Licensor shall have no obligation to defend or indemnify You with respect to any third-party claim that is based on or attributable to Your continued engagement in infringing activities after You were notified of the infringement or after Licensor informed You of a modification or workaround that would have avoided the infringement or Your use of the Licensed Offer in a manner not permitted under this EULA.
Certain factual descriptions of automotive components, systems, repairs etc. are sourced and/or adapted from Wikipedia (see https://en.wikipedia.org/wiki/Main_Page). You may reuse and share such sourced and/or adapted descriptions with attribution under the Creative Commons Deed (see https://en.wikipedia.org/wiki/Wikipedia:Text_of_Creative_Commons_Attribution-ShareAlike_3.0_Unported_License).
PAYMENT
Payments for the Licensed Offer are managed by third-party payment service processors. By using the Licensed Offer and agreeing to this EULA, You also agree to be bound by the terms of services required by such payment service processors.
(a) Prices & Charges. You understand that Licensor reserves the right to change prices and/or payment service processors at any time at its sole discretion. All payments will be processed by Licensor or its payment service processors, using the preferred payment details designated in Your account. If Your payment details change, the relevant payment service processor may provide Licensor with Your updated payment details. Licensor may use these new details or details from other information on file in order to help prevent interruption to Your use of the Licensed Offer. If You would like to use different or changed payment details, You must update Your payment details information.
(b) Coupons & Offers. From time-to-time Licensor may make promotional offers to individual account holders for which You may also be eligible. You agree not to abuse any promotional offers, including by redeeming multiple such offers at once or by opening multiple accounts to benefit from such offers made available only to first-time users or for one-time uses. Licensor reserves the right to withhold benefits obtained through a promotional offer in the event that Licensor determines or believes, at its sole discretion, that the redemption of the promotional offer or receipt of the benefit was in error, fraudulent, illegal, or in violation of the applicable intent and terms of the promotional offer.
(c) Subscriptions. The Licensed Offer may be provided as an automatically renewing subscription requiring recurring payments. A subscription grants You access to the Licensed Offer. The Licensed Offer is offered for a fee payable at the start of the subscription period. By signing up and providing Your payment details information, You agree that: (i) You will be charged Your first subscription fee on or about the date You purchase Your subscription; (ii) You authorize Licensor and the relevant payment service processors to store Your payment details for the purpose of executing future auto-renewal transactions where appropriate; (iii) UNLESS YOU CANCEL, BY DEFAULT (AND WITH PRIOR NOTICE ONLY TO THE EXTENT REQUIRED BY APPLICABLE LAW), YOUR SUBSCRIPTION WILL AUTOMATICALLY RENEW WHERE APPROPRIATE AT THE END OF THE THEN-CURRENT SUBSCRIPTION PERIOD, and (iv) AT TIME OF RENEWAL, LICENSOR WILL AUTOMATICALLY CHARGE WHERE APPROPRIATE THE THEN-CURRENT FEE AND ANY APPLICABLE TAXES TO AN ELIGIBLE PAYMENT METHOD THAT LICENSOR HAS ON FILE FOR YOU.
REFUNDS AND DISPUTE RESOLUTION
If You are unhappy with the Licensed Offer and would like to request a refund, request Licensor by using the form at https://carbeast.com/contact. Licensor handles refund requests on a case-by-case basis, and provides refunds less possible refund processing fees. Licensor's goal is complete customer satisfaction while Licensor makes best attempts to help resolve Your concerns. However, if You request a refund or enter into a dispute, Licensor reserves the right, at its sole discretion, to prevent Your email address, phone and/or payment details from being used to sign up, purchase, and/or subscribe to the Licensed Offer again.
If Licensor is unable to resolve Your concerns and does not issue a refund, You agree that any and all disputes or claims that have arisen, or may arise out of this or previous versions of this EULA, Your use of or access to the Licensed Offer, Licensor's actions, or the actions of Licensor's agents, shall be resolved exclusively through final and binding arbitration, rather than in court. The Federal Arbitration Act governs the interpretation and enforcement of this EULA for such arbitration.
The arbitration will be conducted by the American Arbitration Association ("AAA") under its rules and procedures, including the AAA's Consumer Arbitration Rules and the AAA's Commercial Arbitration Rules (as applicable), as modified by this EULA. The AAA rules are available at www.adr.org. If the AAA is unavailable to administer the arbitration, another administrator will be selected by the Parties.
A Party that seeks arbitration must first send to the other Party a valid Notice of Dispute ("Notice"). The Notice to Licensor must be sent to CarBeast, P.O. Box 7115, Ann Arbor, MI 48107. Licensor will send any Notice to You to the email address on file associated with Your account; it is Your responsibility to keep Your email address up-to-date. To be valid, You must personally sign any Notice sent by You to Licensor, providing information that includes a description of the nature and basis of the claims You are asserting, the specific relief sought, and the email address and phone number associated with Your account.
If Licensor is unable to resolve the claims within 30 days, either Party may initiate arbitration proceedings. A form for initiating arbitration proceedings is available on the AAA website at www.adr.org. In addition to filing this form with AAA in accordance with its rules and procedures, the Party initiating the arbitration must provide a copy of the completed form to the opposing Party. You must provide a copy to Licensor sent to CarBeast, P.O. Box 7115, Ann Arbor, MI 48107. In the event Licensor initiates an arbitration against You, Licensor will send a copy of the completed form to the email address on file associated with Your account. Any settlement offer made by You or Licensor shall not be disclosed to the arbitrator.
The arbitration hearing shall be held in Washtenaw County in the State of Michigan (or a different location, that is geographically closest and acceptable to the arbitrator). Where no disclosed claims or counterclaims exceed $25,000, the dispute shall be resolved by submission of documents only, subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. In cases where an in-person hearing is held, the Parties may attend by telephone, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with applicable law, including recognized principles of equity, and will honor all claims of privilege recognized by the relevant law. The arbitrator shall not be bound by rulings in prior arbitrations involving different licensees. The arbitrator's award shall be final and binding, and the judgment on the award rendered by the arbitrator may be entered in Washtenaw County in the State of Michigan (or a different location, that is geographically closest and acceptable to the arbitrator).
TERMINATION AND RENEWAL
This EULA shall be effective until one of the Parties terminates it with the following provisions: (i) You may terminate this EULA at any time by ceasing to use any and all aspects of the Licensed Offer, and (ii) Licensor reserves the right to terminate this EULA, suspend, discontinue, enhance, update or otherwise modify the Licensed Offer, or its availability to You, at any time without notice, and at Licensor's sole determination and discretion. Your rights under this EULA will terminate automatically without notice to You if You fail to comply with any provision of this EULA as determined by Licensor at its sole discretion. Please see Licensor Privacy Policy for information on Your data stored after termination of this EULA. You may also end Your subscription to the Licensed Offer (if You had subscribed to the Licensed Offer) at any time by logging into Your account and following the directions to end Your subscription.
WARRANTIES AND DISCLAIMERS
Licensor shall only be liable for defects and any violation of property rights, as set forth in this section:
YOU ACKNOWLEDGE THE LICENSED OFFER IS PROVIDED "AS IS" AND ON AN "AS AVAILABLE" BASIS AND THAT ITS APPEARANCE AND FEATURES MAY CHANGE FROM TIME TO TIME. LICENSOR DOES NOT WARRANT THAT (i) THE LICENSED OFFER SHALL SATISFY YOUR SPECIFIC REQUIREMENTS, (ii) THE LICENSED OFFER IS ACCURATE, COMPLETE, AUTHENTIC, USEFUL, TIMELY, RELIABLE, OR APPROPRIATE FOR YOUR USE, OR (iii) THAT THE OPERATION OF THE LICENSED OFFER WILL BE UNINTERRUPTED OR ERROR-FREE.
EXCEPT AS REQUIRED BY APPLICABLE LAW, IN NO SITUATION WILL LICENSOR'S LIABILITY, OR ANY RESOLUTION OF A CLAIM OR A DISPUTE, EXCEED WHAT WAS PAID BY YOU FOR USING THE LICENSED OFFER.
LICENSOR DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESSED OR IMPLIED, WITH RESPECT TO THE MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE OF THE LICENSED OFFER. LICENSOR DOES NOT MAKE ANY REPRESENTATION OR WARRANTIES THAT THE LICENSED OFFER WILL NOT INFRINGE ANY THIRD-PARTY PATENTS, COPYRIGHTS, TRADEMARKS OR OTHER RIGHTS. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A LICENSOR REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY AFFECT THIS DISCLAIMER. YOU ASSUME ALL RESPONSIBILITY TO ACHIEVE YOUR INTENDED RESULTS AND FOR THE USE AND RESULTS OBTAINED FROM THE LICENSED OFFER.
LICENSOR DOES NOT MAKE ANY REPRESENTATIONS WITH RESPECT TO VEHICLE SAFETY. EVEN THOUGH THE LICENSED OFFER MAY CONTAIN INFORMATION RELATED TO VEHICLE PERFORMANCE, INCLUDING VEHICLE SAFETY, ANY SUCH INFORMATION MAY NOT BE REPRESENTATIVE OF THE PERFORMANCE OF ANY SPECIFIC VEHICLE.
The Licensed Offer may provide You with vehicle service or service-related information. Such information is intended to help You organize and manage services for vehicles of Your interest, but the Licensed Offer is not intended to provide legal, tax, financial, or detailed technical advice.
The Licensed Offer may include tools and information to assist You in evaluating data and making decisions regarding vehicles of Your interest. Licensor strongly recommends that You use the Licensed Offer as one tool, along with independent research and investigation (other than the Licensed Offer), with which to make better decisions about vehicles of Your interest. You assume full responsibility with respect to Your decisions and transactions using the Licensed Offer.
Due to routine maintenance and potential breakdowns, Licensor cannot guarantee availability and access to the Licensed Offer at all times. Your use of the Licensed Offer is solely at Your risk and is subject to all applicable laws and regulations. Licensor has no responsibility for any commercial transactions that are based on the Licensed Offer. Licensor does not own or control the facilities and communication lines by which access may be provided. Accordingly, Licensor assumes no responsibility for access to the Licensed Offer. Licensor will cooperate with law enforcement authorities and notify them if Licensor suspects that any user of the Licensed Offer is engaged in illegal activities. You acknowledge that anyone with access to Your account may gain access to the Licensed Offer. You acknowledge and agree that (a) You are responsible for using procedures to protect Your access to the Licensed Offer, including making appropriate backup copies of the content, and (b) Licensor is not responsible for backup and restoration of the content. For purposes of network maintenance, the Licensor may use, copy, display, store, transmit, translate, view, and distribute the content to multiple domestic and international servers. Licensor is not responsible for transmission errors, disclosure, erasure, corruption or security of any data or content.
Licensor will not be liable for any loss that You may incur as a result of the unauthorized use of Your password, account, or account information with or without Your knowledge.
Licensor does not warrant that the Licensed Offer will be compatible or interoperable with Your devices or any other piece of hardware, software, equipment or device installed on or used with Your device(s). Furthermore, You acknowledge that compatibility and interoperability problems can cause the performance of Your network access or device(s) to diminish or fail completely and may result in permanent damage to Your device(s), loss of the data located on Your device(s), and corruption of the software and files located on Your device(s). You acknowledge and agree that Licensor and its affiliates shall have no liability to You for any losses suffered resulting from or arising in connection with compatibility or interoperability problems.
Licensor has implemented commercially reasonable technical and organizational measures designed to secure Your information from accidental loss and from unauthorized access, use, alteration or disclosure. However, Licensor cannot guarantee that unauthorized third-parties will never be able to defeat those measures or use Your personal information for improper purposes. You acknowledge that You provide any of Your information to Licensor at Your own risk.
The Licensed Offer may contain links to third-party websites or services which are not owned or controlled by the Licensor. Accordingly, Licensor assumes no responsibility for the content, the privacy policies, or the practices of any third-party websites or services. If You access a third-party website from the Licensed Offer, You do so at Your own risk, and You understand that this EULA and the Licensor Privacy Policy do not apply to Your use of such websites and/or services. You expressly relieve Licensor from any and all liability arising from Your use of any third-party website or services. Additionally, Your interactions with such third-parties, including payment and delivery of goods, and any other terms are solely between You and such third-parties. You agree that Licensor is not responsible for any loss or damage of any sort relating to Your dealings with such third-parties. Licensor encourages You to read the terms and conditions, and privacy policies, of any third-party website that You visit or services that You use.
Customer Quote Disclaimer: All quotes and opinions expressed by customers are the views of those customers and not CarBeast.
AI Disclaimer: The information contained in the CarBeast is for general information purposes only. While CarBeast endeavors to maintain up to date and correct information, characterization and analysis, CarBeast makes no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the platform or the information, products, services, or related for any purpose. Any reliance that You place on such information is therefore strictly at Your own risk.
INDEMNIFICATION
You shall indemnify, defend, and hold harmless Licensor, its affiliates and each of their respective officers, directors, shareholders, and employees from and against any claim, proceeding, loss, damage, fine, penalty, interest and expense (including, without limitation, fees for attorneys and other professional advisors) arising out of or in connection with any of the following: (i) Your access to or use of the Licensed Offer, User Information or third-party content; (ii) Your breach of this EULA; (iii) Your violation of the law; (iv) Your negligence or willful misconduct; or (v) Your violation of the rights of a third-party, including the infringement by You of any copyright, trademark, patent, trade secret or other intellectual property right or misappropriation of any proprietary right or trade secret of any person or entity. These obligations shall survive the termination of this EULA.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL LICENSOR, ITS AFFILIATES, AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, OR EMPLOYEES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS OR USE OF OR INABILITY TO ACCESS OR USE THE LICENSED OFFER, USER INFORMATION AND ANY THIRD-PARTY CONTENT, WHETHER OR NOT THE DAMAGES WERE FORESEEABLE AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LICENSOR DISCLAIMS ALL OBLIGATIONS AND LIABILITIES ON LICENSOR'S PART FOR LOST DATA, DATA BREACHES, LOST PROFITS, BUSINESS INTERRUPTION, AND REPUTATION DAMAGES (EVEN IF LICENSOR HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), AND WITH RESPECT TO ATTORNEYS' AND EXPERTS' FEES AND COURT COSTS IN AN ACTION WITH A THIRD-PARTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE LICENSED OFFER AND USER INFORMATION BY YOU, OR ANY THIRD-PARTY. LICENSOR FURTHER DISCLAIMS ANY DATA-RELATED DAMAGES.
ANY FURTHER RIGHTS AND REMEDIES (IN PARTICULAR YOUR RIGHT TO CLAIM DAMAGES) BASED ON A DEFECT OR A VIOLATION OF PROPERTY RIGHTS SHALL BE EXCLUDED. THIS EXCLUSION SHALL NOT APPLY IN THE EVENT OF GROSS NEGLIGENCE, UNLAWFUL INTENT OR INSOFAR AS MANDATORY LAW PROVIDES OTHERWISE.
MISCELLANEOUS
Amendment. Licensor may modify this EULA from time to time, effective upon posting of an updated version of this EULA. Your continued use of the Licensed Offer after any such changes are posted constitutes Your agreement to such changes. You should regularly review this EULA.
License Transfers and Assignment. You may not assign this EULA either in whole or in part or transfer licenses without Licensor's consent.
Severability. If any part of this EULA is held unenforceable, the rest of this EULA will remain in full force and effect.
Waiver. Failure to enforce any provision of this EULA will not constitute a waiver.
No agency. This EULA does not create an agency, partnership, or joint venture.
No third-party beneficiaries. There are no third-party beneficiaries to this EULA.
Successors. This EULA shall be binding on and inure to the benefit of the Parties and their respective heirs, representatives, successors, and permissible assigns.
Applicable law and venue. This EULA is governed by the laws of the State of Michigan, without regard to its conflict of laws principles. Any action to enforce this EULA must be brought in Washtenaw County in the State of Michigan. This choice of jurisdiction does not prevent either Party from seeking injunctive relief in any appropriate jurisdiction with respect to violation of intellectual property rights.
Entire agreement. This EULA and Your completed registration form (if You completed the registration form), which is available at https://carbeast.com/signup/, together constitute the entire agreement concerning its subject matter and supersedes any prior or concurrent communications.
U.S. export jurisdiction. The Licensed Offer may be used only within the U.S. or Canada. The Licensed Offer is subject to U.S. export jurisdiction. You must comply with all applicable laws, including U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use and destination restrictions issued by the U.S. and other governments. You shall not disclose or otherwise export, re-export, transship, or transmit the Licensed Offer or any part thereof or use thereof provided under this EULA to any country (including a national or resident of such country) to which the U.S. has restricted or prohibited the export of goods or services. You represent and warrant that You are not (i) located in any country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist sponsoring" country, or (ii) listed on any U.S. Government list of prohibited or restricted parties including the Treasury Department's list of Specially Designated Nationals or the U.S. Department of Commerce Denied Person's List or Entity List.
Force majeure. Licensor will not liable for any failure in performance due to causes beyond that Party's reasonable control (such as fire, explosion, power blackout, earthquake, flood, severe storms, strike, embargo, labor disputes, acts of civil or military authority, war, terrorism (including cyber terrorism), acts of God, acts or omissions of Internet traffic carriers, actions or omissions of regulatory or governmental bodies (including the passage of laws or regulations or other acts of government that impact the delivery of the Licensed Offer)).
Captions and Headings. The headings and captions in this EULA are included as a matter of convenience and shall not be construed as a substantive part of this EULA.
Contracting authority. Each Party represents to the other that: (i) it has the full right, power, and authority to enter into this EULA and to perform all of its obligations in accordance with its provisions and (ii) neither the execution nor the delivery of this EULA by the Party, nor the performance of any of its obligations under this EULA, will result in the breach or violation of any provision (or constitute a default) under any contract, or other agreement or instrument to which the Party is a party or under which the Party has any rights or obligations.
DMCA Notice. If You allege that material available on or through the Licensed Offer infringes on Your copyright, You should provide written notification pursuant to the Digital Millennium Copyright Act ("DMCA"). The notice must include the following to be effective:
A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work(s) claimed to have been infringed;
Identification of the material that is claimed to be infringing, with information reasonably sufficient to permit Licensor to locate the material in the Licensed Offer;
Information reasonably sufficient to permit Licensor to contact You, such as an address, telephone number, and an email address;
A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that information in the notification is accurate, and under penalty of perjury, that You are the copyright owner or authorized to act on behalf of the owner.
If Licensor removes any material from Licensed Offer (or access to the material is disabled) and You believe that such material is not infringing, or that You have authorization from the copyright owner, the copyright owner's agent, or as pursuant to law, You should submit a written counter-notification pursuant to DMCA, and it must include the following to be effective:
Your physical or electronic signature;
Identification of the material that has been removed or to which access was disabled and information on the location at which the material appeared before it was removed or access to it was disabled;
A statement under penalty of perjury that You have a good faith belief that the material was removed or disabled due to a mistake or misidentification; and
Your name, address, telephone number, email address, and a statement that You consent to jurisdiction in Washtenaw County in the State of Michigan, and that You will accept service of process from the person who provided the alleged infringement notification.
All DMCA-related notices (that are addressed to Licensor) should be sent by using the form at https://carbeast.com/dmca.
Please note that these procedures are exclusively to notify Licensor that copyrighted material may be the subject of infringement. The described requirements are intended to comply with Licensor's rights and obligations under the DMCA, but do not constitute legal advice. It may be advisable to get independent legal advice regarding Your rights and obligations under the DMCA and other applicable laws.
In accordance with the DMCA and other applicable laws, Licensor has the policy of terminating, in appropriate circumstances and at Licensor's sole discretion, users who are deemed to be repeat infringers. Licensor may also, at its sole discretion, limit access to the Licensed Offer and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
UNDER FEDERAL LAW, IF YOU KNOWINGLY MISREPRESENT THAT ANY ONLINE MATERIAL IN THE LICENSED OFFER IS INFRINGING, YOU MAY BE SUBJECT TO CRIMINAL PROSECUTION FOR PERJURY AND CIVIL PENALTIES, INCLUDING MONETARY DAMAGES, COURT COSTS, AND ATTORNEYS' FEES.