Terms of Service
Revision 1.2 (March 31, 2014)
Introduction: Your Agreement to these Terms of Service.
Welcome to the RepairTrack.com, Inc. ("RepairTrack.com") file sharing and information sharing platform that allows for the authorized exchange of repair expertise and information over the Internet (the "RepairTrack.com Service").
The following Terms of Service for the RepairTrack.com Service is a legal
contract between you, an individual user of at least 18 years of age or
a single entity ("You" or, collectively, "Users"), and RepairTrack.com
regarding your use of the RepairTrack.com Service.
RepairTrack.com may offer certain additional services by which you agree
to pay fees to RepairTrack.com, a list of such services and terms, which
are made available on the RepairTrack.com web page. If you register and/or
use any such paid fee services, you are also bound by the RepairTrack.com
Terms of Sale. The RepairTrack.com Terms of Sale is hereby incorporated
by reference.
PLEASE READ CAREFULLY THE FOLLOWING TERMS OF SERVICE. BY REGISTERING FOR,
ACCESSING, BROWSING, DOWNLOADING FROM OR USING THE REPAIRTRACK.COM PLATFORM,
YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY
THE FOLLOWING TERMS AND CONDITIONS, INCLUDING ANY ADDITIONAL GUIDELINES
AND FUTURE MODIFICATIONS (COLLECTIVELY, THE "TERMS"). IF AT ANY TIME YOU
DO NOT AGREE TO THESE TERMS, PLEASE IMMEDIATELY TERMINATE YOUR USE OF THE
REPAIRTRACK.COM SERVICE.
IF YOU ARE USING OR OPENING AN ACCOUNT WITH REPAIRTRACK.COM ON BEHALF
OF A COMPANY, ENTITY, OR ORGANIZATION (COLLECTIVELY, A "SUBSCRIBING ORGANIZATION")
THEN YOU REPRESENT AND WARRANT THAT YOU: (I) ARE AN AUTHORIZED REPRESENTATIVE
OF THAT SUBSCRIBING ORGANIZATION WITH THE AUTHORITY TO BIND SUCH ORGANIZATION
TO THESE TERMS; (II) HAVE READ THE FOREGOING TERMS; (III) UNDERSTAND THESE
TERMS, AND (IV) AGREE TO THESE TERMS ON BEHALF OF SUCH SUBSCRIBING ORGANIZATION.
Eligibility.
The RepairTrack.com Service is not available to persons under the age
of 18 or to any users previously suspended or removed from the RepairTrack.com
Service by RepairTrack.com. BY USING
THE REPAIRTRACK.COM SERVICE, YOU REPRESENT THAT YOU ARE AT LEAST 18 YEARS
OF AGE AND HAVE NOT BEEN PREVIOUSLY SUSPENDED OR REMOVED FROM THE REPAIRTRACK.COM
SERVICE.
Incorporation by Reference.
Your privacy is important to RepairTrack.com. RepairTrack.com's Privacy
Policy is hereby incorporated into these Terms by reference. Please read
this notice carefully for information relating to RepairTrack.com's collection,
use, and disclosure of your personal information.
Individual Features and Services.
When using the RepairTrack.com Service, you will be subject to any additional
posted guidelines or rules applicable to specific services and features,
which may be posted from time to time (the "Guidelines"). All such Guidelines
are hereby incorporated by reference into these Terms.
Modification of these Terms.
RepairTrack.com reserves the right, at our discretion, to change, modify,
add, or remove portions of these Terms at any time. Please check these
Terms and any Guidelines periodically for changes. Your continued use of
the RepairTrack.com Service after the posting of changes constitutes your
binding acceptance of such changes. For any material changes to these Terms,
such amended terms will automatically be effective thirty days after they
are initially posted on the RepairTrack.com Service.
Digital Millennium Copyright Act.
Please note that since we respect artist and content owner rights, it
is RepairTrack.com's policy to respond to notices of alleged infringement
that comply with the Digital Millennium Copyright Act (the "DMCA"). For
more information, please go to RepairTrack.com's DMCA Notification Guidelines.
Please note that RepairTrack.com will promptly terminate without notice
any User's access to the RepairTrack.com Service if that User is determined
by RepairTrack.com to be a "repeat infringer." A repeat infringer is a
User who has been notified by RepairTrack.com of infringing activity violations
more than twice and/or who has had their Content or any other user-submitted
content removed from the RepairTrack.com Service more than twice. In addition,
RepairTrack.com accommodates and does not interfere with standard technical
measures used by copyright owners to protect their materials.
We send email and text messages.
Members of RepairTrack.com agree to receive email from RepairTrack.com,
including: technical automotive help requests from other members and periodic
messages from RepairTrack.com staff, including commercial emails advertising
our network resources (such as occasional notices to non-sponsors about
our sponsorship options, or notices when an industry sponsor has joined
RepairTrack.com). Members may turn off the technical automotive email and texts through
our 'account' configuration area. Members may also cancel their accounts if they
wish to stop receiving all email from RepairTrack.com. We have a clear
privacy policy to protect our member's private personal information, such
as their email address.
Content License Grant; Representations and Warranties.
License Grant to RepairTrack.com.
Unless otherwise agreed to in a written agreement between you and RepairTrack.com
that was signed by an authorized representative of RepairTrack.com:
By distributing or disseminating content through the RepairTrack.com
Service, you hereby grant to RepairTrack.com a worldwide, non-exclusive,
transferable, assignable, fully paid-up, royalty-free, license to host,
transfer, display, perform, reproduce, distribute, compress or convert
for streaming, and otherwise exploit your Content, in any media formats
and through any media channels, in order to publish and promote such Content
in connection with services offered or to be offered by RepairTrack.com.
Such license will apply to any text, form, media, or technology now known
or hereafter developed.
License Grant to other RepairTrack.com users.
By distributing or disseminating Content through the RepairTrack.com Service,
you hereby grant to each User of the RepairTrack.com Service that is authorized
to access your Content a perpetual, personal, non-commercial, non-transferable,
non-exclusive license to access and view your Content.
Content Representations and Warranties.
You are solely responsible for your Content and the consequences of posting
or publishing them. By uploading and publishing your Content, you affirm,
represent, and warrant that: (1) you are the creator and owner of or have
the necessary licenses, rights, consents, releases and permissions to use
and to authorize RepairTrack.com and RepairTrack.com's Users to use your
Content as necessary to exercise the licenses granted by you in this section
and in the manner contemplated by RepairTrack.com and this Terms of Service;
(2) your Content does not and will not: (a) infringe, violate, or misappropriate
any third-party right, including any copyright, trademark, patent, trade
secret, moral right, privacy right, right of publicity, or any other intellectual
property or proprietary right or (b) slander, defame, or libel any other
person; (3) your Content does not contain any viruses, adware, spyware,
worms, or other malicious code. Violators of these third-party rights may
be subject to criminal and civil liability. RepairTrack.com reserves all
rights and remedies against any Users who violate this Terms of Service.
Content Disclaimer.
You understand that when using the RepairTrack.com Service you will be
exposed to Content from a variety of sources, and that RepairTrack.com
is not responsible for the accuracy, usefulness, or intellectual property
rights of or relating to such Content. You further understand and acknowledge
that you may be exposed to Content that are inaccurate, offensive, indecent
or objectionable, and you agree to waive, and hereby do waive, any legal
or equitable rights or remedies you have or may have against RepairTrack.com
with respect thereto. RepairTrack.com does not endorse any Content or any
opinion, recommendation or advice expressed therein, and RepairTrack.com
expressly disclaims any and all liability in connection with Content. If
notified by a User or a content owner of Content that allegedly does not
conform to this Terms of Service, RepairTrack.com may investigate the allegation
and determine in its sole discretion whether to remove the Content, which
it reserves the right to do at any time and without notice. RepairTrack.com also reserves the right to modify, correct, change, revise or remove and Content added to the site by any User. For clarity,
RepairTrack.com does not permit copyright infringing activities on the
RepairTrack.com Service.
Prohibited Conduct.
BY USING THE REPAIRTRACK.COM SERVICE YOU AGREE NOT TO:
1. Use the RepairTrack.com Service for any purposes other than to disseminate
or receive original or appropriately licensed content and/or to access
the RepairTrack.com Service
2. Rent, lease, loan, sell, resell, sublicense, distribute or otherwise
transfer the licenses granted herein or any Materials (as defined in section
12, below)
3. Post, upload, or distribute any defamatory, libelous, or inaccurate
Content or other content
4. Post, upload, or distribute any Content or other content that is unlawful
or that a reasonable person could deem to be objectionable, offensive,
indecent, pornographic, invasive of another's privacy, harassing, threatening,
embarrassing, distressing, vulgar, hateful, racially or ethnically offensive,
or otherwise inappropriate.
5. Impersonate any person or entity, falsely claim an affiliation with
any person or entity, or access the RepairTrack.com Service accounts of
others without permission, forge another persons' digital signature, misrepresent
the source, identity, or content of information transmitted via the RepairTrack.com
Service, or perform any other similar fraudulent activity;
6. Delete the copyright or other proprietary rights on the RepairTrack.com
Service or Content
7. Make unsolicited offers, advertisements, and proposals, or send junk
mail or spam to other Users of the RepairTrack.com Service. This includes,
but is not limited to, unsolicited advertising, promotional materials,
or other solicitation material, bulk mailing of commercial advertising,
chain mail, informational announcements, charity requests, and petitions
for signatures
8. Use the RepairTrack.com Service for any illegal purpose, or in violation
of any local, state, national, or international law, including, without
limitation, laws governing intellectual property and other proprietary
rights, and data protection and privacy
9. Defame, harass, abuse, threaten or defraud Users of the RepairTrack.com
Service, or collect, or attempt to collect, personal information about
Users or third parties without their consent;
10. Remove, circumvent, disable, damage or otherwise interfere with security-related
features of the RepairTrack.com Service or Content, features that prevent
or restrict use or copying of any content accessible through the RepairTrack.com
Service, or features that enforce limitations on the use of the RepairTrack.com
Service or Content
11. Reverse engineer, decompile, disassemble or otherwise attempt to discover
the source code of the RepairTrack.com Service or any part thereof, except
and only to the extent that such activity is expressly permitted by applicable
law notwithstanding this limitation
12. Modify, adapt, translate or create derivative works based upon the
RepairTrack.com Service or any part thereof, except and only to the extent
that such activity is expressly permitted by applicable law notwithstanding
this limitation
13. Intentionally interfere with or damage operation of the RepairTrack.com
Service or any user's enjoyment of them, by any means, including uploading
or otherwise disseminating viruses, adware, spyware, worms, or other malicious
code
14. Relay email from a third party's mail servers without the permission
of that third party
15. Use any robot, spider, scraper, or other automated means to access
the RepairTrack.com Service for any purpose or bypass any measures RepairTrack.com
may use to prevent or restrict access to the RepairTrack.com Service
16. Manipulate identifiers in order to disguise the origin of any Content
transmitted through the Service; or
17. Interfere with or disrupt the RepairTrack.com Service or servers or
networks connected to the RepairTrack.com Service, or disobey any requirements,
procedures, policies or regulations of networks connected to the RepairTrack.com
Service.
Account
When you use the RepairTrack.com Service to upload and/or download or
purchase content or any products, services, or information from RepairTrack.com,
you may be asked to provide a password. You are solely responsible for
maintaining the confidentiality of your account and password and for restricting
access to your computer, and you agree to accept responsibility for all
activities that occur under your account or password. You agree that the
information you provide to RepairTrack.com on registration and at all other
times will be true, accurate, current, and complete. You also agree that
you will ensure that this information is kept accurate and up-to-date at
all times. If you have reason to believe that your account is no longer
secure (e.g., in the event of a loss, theft or unauthorized disclosure
or use of your account ID, password, or any credit, debit or charge card
number, if applicable), then you agree to immediately notify RepairTrack.com.
You may be liable for the losses incurred by RepairTrack.com or others
due to any unauthorized use of your RepairTrack.com Service account.
Third-Party Sites, Products and Services; Links.
The RepairTrack.com Service may include links or references to other web
sites or services solely as a convenience to Users ("Reference Sites").
RepairTrack.com does not endorse any such Reference Sites or the information,
materials, products, or services contained on or accessible through Reference
Sites. In addition, your correspondence or business dealings with, or participation
in promotions of, advertisers found on or through the RepairTrack.com Service
are solely between you and such advertiser. Access and use of Reference
Sites, including the information, materials, products, and services on
or available through Reference Sites is solely at your own risk.
Termination - Terms of Service Violations.
RepairTrack.com.
You agree that RepairTrack.com, in its sole discretion, for any or no
reason, and without penalty, may terminate any account (or any part thereof)
you may have with RepairTrack.com or your use of the RepairTrack.com Service
and remove and discard all or any part of your account, User profile, and
any Content, at any time. RepairTrack.com may also in its sole discretion
and at any time discontinue providing access to the RepairTrack.com Service,
or any part thereof, with or without notice. You agree that any termination
of your access to the RepairTrack.com Service or any account you may have
or portion thereof may be effected without prior notice, and you agree
that RepairTrack.com will not be liable to you or any third party for any
such termination. Any suspected fraudulent, abusive or illegal activity
may be referred to appropriate law enforcement authorities. These remedies
are in addition to any other remedies RepairTrack.com may have at law or
in equity.
You.
Your only remedy with respect to any dissatisfaction with (i) the RepairTrack.com
Service, (ii) any term of this Terms of Service, (iii) any policy or practice
of RepairTrack.com in operating the RepairTrack.com Service, or (iv) any
content or information transmitted through the RepairTrack.com Service,
is to terminate this Terms of Service and your account. You may terminate
this Terms of Service at any time by discontinuing use of any and all parts
of the RepairTrack.com Service.
Ownership; Proprietary Rights.
The RepairTrack.com Service is owned and operated by Repair Network LLC.
The visual interfaces, graphics, design, compilation, information,
computer code (including source code or object code), products, services,
and all other elements of the RepairTrack.com Service provided by RepairTrack.com
(the "Materials") are protected by United States copyright, trade dress,
patent, and trademark laws, international conventions, and all other relevant
intellectual property and proprietary rights, and applicable laws. Except
for any Content that are provided and owned by Users, all Materials contained
on the RepairTrack.com Service are the property of RepairTrack.com or its
subsidiaries or affiliated companies and/or third-party licensors. All
trademarks, service marks, and trade names are proprietary to RepairTrack.com
or its affiliates and/or third-party licensors. Except as expressly authorized
by RepairTrack.com, you agree not to sell, license, distribute, copy, modify,
publicly perform or display, transmit, publish, edit, adapt, create derivative
works from, or otherwise make unauthorized use of the Materials. RepairTrack.com
reserves all rights not expressly granted in this Terms of Service.
Indemnification.
You agree to indemnify, save, and hold RepairTrack.com, its affiliated
companies, contractors, employees, agents and its third-party suppliers,
licensors, and partners harmless from any claims, losses, damages, liabilities,
including legal fees and expenses, arising out of your use or misuse of
the RepairTrack.com Service, any violation by you of these Terms, or any
breach of the representations, warranties, and covenants made by you herein.
RepairTrack.com reserves the right, at your expense, to assume the exclusive
defense and control of any matter for which you are required to indemnify
RepairTrack.com, and you agree to cooperate with RepairTrack.com's defense
of these claims. RepairTrack.com will use reasonable efforts to notify
you of any such claim, action, or proceeding upon becoming aware of it.
Disclaimers; No Warranties.
No warranties.
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, REPAIRTRACK.COM,
AND ITS AFFILIATES, PARTNERS, AND SUPPLIERS DISCLAIM ALL WARRANTIES, STATUTORY,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
OF PROPRIETARY RIGHTS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM REPAIRTRACK.COM OR THROUGH THE REPAIRTRACK.COM SERVICE
WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. YOU EXPRESSLY ACKNOWLEGE
THAT AS USED IN THIS SECTION, THE TERM REPAIRTRACK.COM INCLUDES REPAIRTRACK.COM'S
OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AGENTS, LICENSORS AND SUBCONTRACTORS.
"As is" and "As available" and "With All Faults".
YOU EXPRESSLY AGREE THAT THE USE OF THE REPAIRTRACK.COM SERVICE IS AT
YOUR SOLE RISK. THE REPAIRTRACK.COM SERVICE AND ANY DATA, INFORMATION,
THIRD-PARTY SOFTWARE, CONTENT (INCLUDING CONTENT), REFERENCE SITES,
SERVICES, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH
THE REPAIRTRACK.COM SERVICE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE",
"WITH ALL FAULTS" BASIS AND WITHOUT WARRANTIES OR REPRESENTATIONS OF ANY
KIND EITHER EXPRESS OR IMPLIED.
Service Operation and Content.
REPAIRTRACK.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO
NOT WARRANT THAT THE DATA, CONTENT, FUNCTIONS, OR ANY OTHER INFORMATION
OFFERED ON OR THROUGH THE REPAIRTRACK.COM SERVICE OR ANY REFERENCE SITES
WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES OR OTHER HARMFUL COMPONENTS
AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED.
Accuracy.
REPAIRTRACK.COM, ITS SUPPLIERS, LICENSORS, AFFILIATES, AND PARTNERS DO
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE USE OF THE REPAIRTRACK.COM SERVICE OR ANY REFERENCE SITES IN TERMS
OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
Harm to Your Computer.
YOU UNDERSTAND AND AGREE THAT YOU USE, ACCESS, DOWNLOAD, OR OTHERWISE
OBTAIN INFORMATION, MATERIALS, OR DATA THROUGH THE REPAIRTRACK.COM PLATFORM
OR ANY REFERENCE SITES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL
BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER
SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF SUCH MATERIAL
OR DATA.
Uploaded Content.
THE SECURITY MEASURES TO PROTECT CONTENT USED BY REPAIRTRACK.COM HEREIN
ARE USED IN CONJUNCTION WITH THE CONTENT "AS-IS" AND WITH NO ASSURANCES
THAT SUCH SECURITY MEASURES WILL WITHSTAND ATTEMPTS TO EVADE SECURITY MECHANISMS
OR THAT THERE WILL BE NO CRACKS, DISABLEMENTS OR OTHER CIRCUMVENTION OF
SUCH SECURITY MEASURES.
Limitation of Liability and Damages.
Limitation of Liability.
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL
REPAIRTRACK.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES, AGENTS, OR THIRD-PARTY
PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT,
INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR
LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR LOSS OF ANTICIPATED PROFITS
OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER)
ARISING OUT OF OR RELATING TO THESE TERMS OR THAT RESULT FROM YOUR USE
OR YOUR INABILITY TO USE THE MATERIALS (INCLUDING CONTENT) ON THE
REPAIRTRACK.COM PLATFORM OR ANY REFERENCE SITES, OR ANY OTHER INTERACTIONS
WITH REPAIRTRACK.COM, EVEN IF REPAIRTRACK.COM OR AN REPAIRTRACK.COM AUTHORIZED
REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Damages.
IN NO EVENT WILL REPAIRTRACK.COM OR ITS AFFILIATES, CONTRACTORS, EMPLOYEES,
AGENTS, OR THIRD-PARTY PARTNERS, LICENSORS, OR SUPPLIERS TOTAL LIABILITY
TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR
RELATING TO THESE TERMS OR YOUR USE OF THE REPAIRTRACK.COM PLATFORM OR
YOUR INTERACTION WITH OTHER REPAIRTRACK.COM PLATFORM USERS (WHETHER IN
CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE), EXCEED THE
AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE REPAIRTRACK.COM PLATFORM
DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM
OR ONE HUNDRED DOLLARS, WHICHEVER IS GREATER.
Reference Sites.
THESE LIMITATIONS OF LIABILITY ALSO APPLY WITH RESPECT TO DAMAGES INCURRED
BY YOU BY REASON OF ANY PRODUCTS OR SERVICES SOLD OR PROVIDED ON ANY REFERENCE
SITES OR OTHERWISE BY THIRD PARTIES OTHER THAN REPAIRTRACK.COM AND RECEIVED
THROUGH OR ADVERTISED ON THE REPAIRTRACK.COM PLATFORM OR RECEIVED THROUGH
ANY REFERENCE SITES.
Basis of the Bargain.
YOU ACKNOWLEDGE AND AGREE THAT REPAIRTRACK.COM HAS OFFERED ITS PRODUCTS
AND SERVICES, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE
UPON THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH
HEREIN, THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY
SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN
YOU AND REPAIRTRACK.COM, AND THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS
OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN
YOU AND REPAIRTRACK.COM. REPAIRTRACK.COM WOULD NOT BE ABLE TO PROVIDE THE
REPAIRTRACK.COM PLATFORM TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT
THESE LIMITATIONS.
Limitations by Applicable Law.
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR
THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF YOU RESIDE IS SUCH A
JURISDICTION, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS
MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS. THE LIMITATIONS
OR EXCLUSIONS OF WARRANTIES, REMEDIES OR LIABILITY CONTAINED IN THIS TERMS
OF SERVICE APPLY TO YOU TO THE FULLEST EXTENT SUCH LIMITATIONS OR EXCLUSIONS
ARE PERMITTED UNDER THE LAWS OF THE JURISDICTION WHERE YOU ARE LOCATED.
United States Export Controls.
You agree to comply with all export laws and restrictions and regulations
of the United States Department of Commerce or other United States or other
sovereign agency or authority, and not to export, or allow the export or
re-export of any software, technical data or any direct product thereof
in violation of any such restrictions, laws or regulations, or unless and
until all required licenses and authorizations are obtained with respect
to the countries specified in the applicable United States Export Administration
Regulations (or any successor supplement or regulations). The transfer
of certain technical data and commodities may require a license from an
agency of the United States government and/or written assurances by you
that you will not export such software, technical data or commodities to
certain foreign countries without prior approval of such agency. Your rights
under this Terms of Service are contingent on your compliance with this
provision.
Miscellaneous.
Notice.
RepairTrack.com may provide you with notices, including those regarding
changes to RepairTrack.com's terms and conditions, by email, regular mail
or postings on the RepairTrack.com site. Notice will be deemed given
twenty-four hours after email is sent, unless RepairTrack.com is notified
that the email address is invalid. Alternatively, we may give you legal
notice by mail to a postal address, if provided by you through the RepairTrack.com
Service. In such case, notice will be deemed given three days after the
date of mailing. Notice posted on the RepairTrack.com Service is deemed
given 30 days following the initial posting.
Waiver.
The failure of RepairTrack.com to exercise or enforce any right or provision
of these Terms will not constitute a waiver of such right or provision.
Any waiver of any provision of these Terms will be effective only if in
writing and signed by RepairTrack.com.
Governing Law.
These Terms will be governed by and construed in accordance with the laws
of the State of Kansas, without giving effect to any principles of conflicts
of law.
Jurisdiction.
You agree that any action at law or in equity arising out of or relating
to these Terms or RepairTrack.com will be filed only in the state or federal
courts in and for Johnson County, Kansas, and you hereby consent and submit
to the personal and exclusive jurisdiction of such courts for the purposes
of litigating any such action.
Severability.
If any provision of these Terms or any Guidelines is held to be unlawful,
void, or for any reason unenforceable, then that provision will be limited
or eliminated from these Terms to the minimum extent necessary and will
not affect the validity and enforceability of any remaining provisions.
Assignment.
These Terms and related Guidelines, and any rights and licenses granted
hereunder, may not be transferred or assigned by you, but may be assigned
by RepairTrack.com without restriction. Any assignment attempted to be
made in violation of this Terms of Service shall be void.
Headings.
The heading references herein are for convenience purposes only, do not
constitute a part of these Terms, and will not be deemed to limit or affect
any of the provisions hereof.
Entire Agreement.
This is the entire agreement between you and RepairTrack.com relating
to the subject matter herein and will not be modified except in writing,
signed by both parties, or by a change to these Terms or Guidelines made
by RepairTrack.com as set forth above.
Claims.
YOU AND REPAIRTRACK.COM AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF
OR RELATED TO THE REPAIRTRACK.COM PLATFORM MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION
IS PERMANENTLY BARRED.
Disclosures.
The services are offered by RepairTrack.com, Inc., located at: 5604 Noble
Street, Shawnee, KS 66218 and email: help@RepairTrack.com.
False SPAM Reports.
As stated above, members of RepairTrack.com agree to receive certain email
from us as part of their membership on our network. It is very easy to
configure your account to receive less email, and to cancel your account
if you wish to stop receiving all RepairTrack.com email. However, some
members choose to falsely report our email as SPAM, either to their ISPs
or the anti-SPAM organizations like SpamCop. In the event that a member
falsely reports our email to them as SPAM, their account will be permanently
deactivated, and they will not be permitted to reactivate it, nor will
they ever be allowed to create a new account on RepairTrack.com.
Interactive Content.
Any information submitted by members to the "interactive" portions of
our network is considered to be Interactive Content (henceforth "Content").
Examples of Content include, but are not limited to, posts, replies, files
uploaded to RepairTrack.com, comments on other members' Content.
You retain all ownership rights to the Content you submit to RepairTrack.com. However, by submitting
this Content, you grant RepairTrack.com a nonexclusive,royalty-free, perpetual, irrevocable, and
fully sub-licensable right to
use, reproduce, modify, adapt, publish, translate, create derivative works
from, distribute, and display such Content throughout the world in any
medium. You grant RepairTrack.com and sublicensees the right to use the
name, city, state, country, and zip code that you submit in connection
with such Content, if they choose.
You represent and warrant that you own or otherwise control all of the
rights to the Content that you submit; that the Content is accurate; that
use of the Content does not violate this agreement and will not cause injury
to any person or entity; that the Content is not unlawful, harmful, threatening,
abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive
of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
and that you will indemnify RepairTrack.com for all claims resulting from
Content you supply.
RepairTrack.com has the right, but not the obligation, to monitor and
edit or remove any activity or Content. RepairTrack.com takes no responsibility
and assumes no liability for any Content posted by you or any third party.
Message Visibility.
RepairTrack.com employs various technological features that can result
in some member messages not being visible to all members, based on a variety
of factors including: membership status, rating history, member preferences,
and more. Posting a message to RepairTrack.com does not guarantee that
your message will be visible (or remain visible) to all or any members.
Network Access.
RepairTrack.com grants you a limited license to access and make personal
use of RepairTrack.com and not to download (other than page cache) or modify
it, or any portion of it, except with our express written consent. You
may not use any automated process (software program, machine, etc.) to
retrieve information from RepairTrack.com for the purposes of permanent
storage on your computer, nor for use to circumvent viewing the information
directly on RepairTrack.com. RepairTrack.com's online resources are intended
to be used only on an as-needed basis, viewed through our website, and
may not be intentionally stored elsewhere. Members of RepairTrack.com may
not share their username or password with anyone. All access to RepairTrack.com's
systems is completely monitored. For more information on this, please refer
to our Privacy Policy.
Premium Account Rate and Policy Changes.
RepairTrack.com may occasionally make changes to our pricing structure
or other premium membership policies. Premium subscribers will be notified
of major changes by email at least 30 days prior, providing time to cancel
sponsorships should a sponsor not agree with a policy or rate change. For
this reason, it is very important to make sure the email address on file
with RepairTrack.com is correct, and is accepting our email (i.e. not blocking
our messages due to email filters).
Resale or Re-Use Of Service.
No portion of RepairTrack.com (including, but not limited to, Interactive
Content) may be reproduced, duplicated, copied, sold, resold, or otherwise
exploited for any purpose without express written consent of RepairTrack.com.
You may not use any Meta tags or any other "hidden text" utilizing RepairTrack.com's
name or trademarks without the express written consent of RepairTrack.com.
Any unauthorized use terminates the permission or license granted by RepairTrack.com.
Duplicate Accounts.
Each person may have no more than one account opened with RepairTrack.com
at a time. We reserve the right to cancel duplicate accounts, at our discretion.
Attempting to establish, and use, more than one account at a time may result
in the termination of all accounts registered in that name. In addition,
accounts cannot be registered to companies; they must be registered to
individual people.
False Identities.
Any attempt to access RepairTrack.com using a false identity, or to establish
a membership account under false pretense, constitutes unauthorized access
to our computer systems without our permission, and is prohibited under
California Penal Code § 502.
Endorsement.
Reference herein to any specific commercial products, process, or service
by trade name, trademark, manufacturer, or otherwise, does not necessarily
constitute or imply its endorsement, recommendation, or favoring by RepairTrack.com.
Soliciting.
Members of RepairTrack.com may not promote themselves or their products
in any area of RepairTrack.com. Members may not solicit
sales for or promote the products, services, or work of any entity with
which they hold a personal or business relationship.
Advertisers, Sponsors, and Affiliates.
You may encounter, throughout RepairTrack.com, various advertisements
by paid advertisers, sponsors, and affiliates of the network. You agree
that RepairTrack.com shall not be responsible or liable for any loss or
damage of any sort incurred as the result of any dealings with, or as the
result of the presence of, such advertisers, sponsors or affiliates on
RepairTrack.com.
Discontinuance of Service.
RepairTrack.com reserves the right at any time to modify or discontinue,
temporarily or permanently, the services or information provided by RepairTrack.com
with or without notice. You agree that RepairTrack.com shall not be liable
to you or to any third party for any modification, suspension or discontinuance
of the services or information provided by RepairTrack.com.
Unsolicited Commercial Email ("SPAM")
You may not use RepairTrack.com's web site or RepairTrack.com for the
purpose of sending unsolicited commercial email (a.k.a. spam) to our members,
or for the purpose of collecting email addresses to spam. Using any list
of email addresses that contains a substantial number of RepairTrack.com
member addresses is considered a violation of this agreement, regardless
of whether you compiled the list yourself or obtained it elsewhere. We
reserve the right to immediately terminate any member account suspected
of spamming, or preparing to spam, our members. This determination is normally
made through complaints received from members and/or security monitoring
done within our network.
Trademarks and Copyrights.
Trademarked materials appearing on this server are owned by those persons
and companies holding the trademark. All other trademarks are the property
of their respective owners. You may not post any copyright- or trademark-protected
information to RepairTrack.com. The RepairTrack.com is not responsible
for providing notice of, or enforcing any such restrictions.
You will not slander any other company, entity,
or service in a false light on RepairTrack.com. Should you do so, the legal
consequences are yours alone.
Professionals Only.
RepairTrack.com is intended exclusively for repair professionals. Any
use of RepairTrack.com by anyone that is not an automotive professional
is strictly prohibited.
Warnings & Manufacturers' Guidelines.
While RepairTrack.com is made available for the dissemination of
valuable information to other members of the repair industry, you agree
not to hold RepairTrack.com liable for false information, nor any discussions,
instructions, ideas, etc. that lead to injury or loss of compensation.
Manufacturers' guidelines should always be followed; RepairTrack.com provides
a means for more easily discussing the beneficial use of such instructions.
You must always refer to official resources and manuals before using any
information that you find on the Internet, and confirm all procedures with
the appropriate manufacturer or specialist before proceeding.
You understand and agree that the RepairTrack.com is not responsible for
any errors created in or damage to information you submit as a result of
any changes made to RepairTrack.com. RepairTrack.com's cases are
NOT moderated, and you agree not to hold RepairTrack.com liable for legal
consequences that arise from your use of RepairTrack.com. The content of
all messages you submit to the RepairTrack.com discussion groups are solely
your responsibility. However, we will respond to any complaints from our
members regarding abuse of our guidelines or these Terms of Use
No Advertising
No advertising of any kind is allowed on RepairTrack.com.
No Agenda-Pushing or Posting Topics Repeatedly
Do not post the same topics, posts, or questions repeatedly. Continuously
promoting a personal agenda -- or the agenda of another group, or grouping
together with other members to promote a shared agenda -- is a form of
solicitation, and is not acceptable.
No Inappropriate Topics/Links
Do not use RepairTrack.com to post messages or links regarding religious,
political, cultural, or non-automotive topics which are likely to lead
to endless heated debates (global warming, gun control, terrorism, war,
abortion, etc.). When participating on RepairTrack.com, please be respectful
of members from countries all around the world with different politics,
religions, and cultures. Our focus is on the repair industry, and these
topics are better suited for other networks.
RepairTrack.com staff does not review all content, so if you see a post
that is against this guideline that does not mean we approved of it, or
that you should post a similar message, or participate in the discussion.
If you think your message may be against the guidelines, please don't post
it. If you think an existing discussion is against the guidelines, use
the delete button on it and it will quickly disappear with no need for
staff intervention. Your help with this allows our staff to spend our time
on improving the network, rather than reviewing and removing posts.
No Group Discussion of Fees, Charges, etc.
Many countries -- including the United States of America, where RepairTrack.com
is based -- have strict legal guidelines regarding group discussion of
charges for items or services. For this reason, absolutely no group discussion
of fees, charges, prices, pricing policy or labor rates is allowed on RepairTrack.com.
It does not matter what currency you use, this discussion is absolutely
FORBIDDEN, for your safety as well as ours.
No Copyright Protected Information
Do not submit any copyright protected information to RepairTrack.com.
If you have written permission from the author(s) to submit copyright-protected
information to RepairTrack.com, you must include that permission notice
with the uploaded content.
No Redistribution of Content from RepairTrack.com
Do not in any way redistribute any content from RepairTrack.com to a resource
or entity outside of RepairTrack.com, without written permission from the
person who created the content and/or RepairTrack.com. You are of course
permitted to post hyperlinks to documents that can be found on RepairTrack.com,
with the understanding that non-members will not be able to access any
documents found in our members-only area.
Uploading Files
You may upload files in responses or case help request, but please limit
all uploaded file sizes, and do not upload copyrighted images.