2CarPros.com Terms and Conditions of Use
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Last Update: July 26, 2024
PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE.
The 2CarPros.com website (the “Site”) is owned and operated by 2CarPros, Inc.
(or "2CarPros"). By using this Site, you explicitly agree to comply with and be
bound by the following terms and conditions (“Terms and Conditions” or
“Agreement”), and all policies, rules, and instructions, and additional terms
posted on or through the Site, all of which are incorporated into this
Agreement. By registering for, logging into, visiting and/or otherwise using the
Site in any way, you indicate that you understand, intend to be legally bound
by, and accept these Terms and Conditions. 2CarPros may change these Terms and
Conditions at any time. Your continued use of the Site following appropriate
notice of such modifications will be conclusively deemed acceptance of any
changes to these Terms and Conditions. At all times, you are bound by the
then-current version of these Terms and Conditions and all applicable laws.
Please review these Terms and Conditions periodically for changes.
Ownership And Intellectual Property
Except as otherwise indicated, all copyright rights and other intellectual
property rights in this Site and its contents, including any and all messages,
data, information, text, music, sound, photos, images, graphics, code, marks,
logos, audio and video, footage, animations, podcasts, analyses, studies,
reports, downloads, and other content contained herein ("Site Content") is owned
by or licensed to 2CarPros, Inc., and protected by law, including copyright,
database, trade secret, and trademark laws of the United States and all
applicable jurisdictions, as well as other applicable state, national, and
international laws and regulations. The Site Content is Copyright 2020,
2CarPros, Inc., all rights reserved. 2CarPros also owns copyright rights in the
Site Content as a collective work and/or compilation, and in any and all
databases accessible on or through the Site. 2CarPros, the 2CarPros Logo, and
all other marks displayed on this site (the "Trademarks") are registered and/or
common law trademarks of 2CarPros and/or various third parties. Except as
expressly stated herein, nothing contained on this Site may be construed as
granting, by implication, estoppel, or otherwise, any grant, license or right to
use any Site Content or Trademarks without the prior written permission of
2CarPros or such other party that may own the Trademarks or any licensed
copyrights. You agree not to directly or indirectly: attempt to register,
challenge or contest the validity or the 2CarPros’ (or its licensor’s, as
applicable) ownership of, such copyrights, Trademarks or any other 2CarPros’
intellectual property, or assist any third party in doing so.
Use of Chat Rooms, Bulletin Boards and Other Interactive Areas
The Site may contain discussion forums, bulletin boards, review services or
other forums in which you or third parties may post reviews of automobiles and
automotive related services or other content, messages, materials or other items
on the Site ("Interactive Areas"). If 2CarPros provides such Interactive Areas,
you are solely responsible for your use of such Interactive Areas and use them
at your own risk. No action should be taken based upon any of the information
contained in the Interactive Areas. You should seek independent professional
advice from a person who is licensed and/or knowledgeable in the applicable
automotive area before acting upon any opinion, advice, or information contained
on the Site. All statements, information and other content submitted by users
are solely the opinions of users, and not of 2CarPros.
By using any Interactive Areas, you expressly agree not to use, reproduce,
modify, adapt, edit, translate, publicly display, telecommunicate or perform,
post, upload to, transmit, distribute, store, create derivative works from or
otherwise publish throughout the World, in any media, now known or hereafter
devised, on or through the Site any of the following:
Any message, data, information, text, music, sound, photos, images, graphics,
code, marks, logos or other content ("Content") that is unlawful, untrue,
libelous, defamatory, slanderous, obscene, pornographic, indecent, lewd,
suggestive, harassing, threatening, invasive of privacy or publicity rights,
abusive, inflammatory, fraudulent or otherwise objectionable or inappropriate;
Content that would constitute, encourage or provide instructions for a criminal
offense, violate the rights of any party, or that would otherwise create
liability or violate any local, state, foreign, national or international law,
including, without limitation, the regulations of the U.S. Securities and
Exchange Commission, the Canadian Securities Commission or any rules of a
securities exchange such as the New York Stock Exchange, the American Stock
Exchange, the NASDAQ Stock Market or the Toronto Stock Exchange;
Content that may infringe any patent, trademark, trade secret, copyright or
other intellectual or proprietary right of any party (including rights of
privacy and publicity);
Content that impersonates any person or entity or otherwise misrepresents your
affiliation with a person or entity;
Unsolicited promotions, political campaigning, advertising or solicitations;
Private or personally identifiable information of any third party, including,
without limitation, addresses, phone numbers, email addresses, Social Security
numbers and credit card numbers;
Viruses, corrupted data or other harmful, disruptive or destructive files;
Content that is unrelated to the topic of the Interactive Area(s) in which such
Content is posted; or
Content that, in the sole judgment of 2CarPros, contravenes the above, is
otherwise objectionable or inappropriate, or which restricts or inhibits any
other person from using or enjoying the Interactive Areas or the Site, or which
may expose 2CarPros or its affiliates or its users to any harm or liability of
any type.
You further agree that you will not attempt or do any of the following:
Interfere with or disrupt the Site or our computer systems, servers, or
networks;
Attempt to gain unauthorized access to any part of the Site, to accounts that
belong to other users, or to computer systems or networks connected to the Site;
or
Engage in any systematic extraction of data or data fields, including, without
limitation, email addresses, by use of any automated mechanism, such as web
robots, crawlers, or spiders (except in strict conformance with the Robots
Exclusion Protocol) or otherwise.
By posting or distributing Content to or through the Site, unless we indicate
otherwise, you (a) grant 2CarPros and its affiliates and sublicenses a
nonexclusive, royalty-free, perpetual, worldwide, transferable, irrevocable and
fully sub-licensable right to use, post, store, reproduce, modify, adapt, edit,
translate, distribute, transmit, publish, create derivative works from and
publicly display, telecommunicate and perform such Content throughout the world
in any media, now known or hereafter devised; (b) grant 2CarPros and its
affiliates and sublicenses the right to use the name that you submit in
connection with such Content, if they choose in their absolute discretion; and
(c) represent and warrant that (i) you own and/or control all of the rights to
the Content that you post or otherwise distribute, or you otherwise have the
lawful right to post and distribute such Content to or through the Site, and to
grant the licenses granted herein; (ii) such Content is accurate and not
misleading; and (iii) use and posting or other transmission of such Content does
not violate these Terms and Conditions and will not violate any rights of or
cause injury to any person or entity. You further grant 2CarPros the right to
pursue at law any person or entity that violates your or 2CarPros' rights in the
Content or breaches of these Terms and Conditions.
2CarPros takes no responsibility and assumes no liability for any Content
posted, stored or uploaded by you or any third party, or for any loss or damage
thereto or in connection therewith, nor is 2CarPros liable for any mistakes,
inaccuracies, infringements, defamation, slander, libel, omissions, falsehoods,
obscenity, pornography or profanity you may encounter. As a provider of
interactive services, 2CarPros is not liable for any statements, representations
or Content provided by its users in any public forum, personal home page or any
Interactive Area. Although 2CarPros has no obligation to screen, edit or monitor
any of the Content posted to or distributed through any Interactive Area,
2CarPros reserves the right, and has absolute discretion, to remove, screen or
edit without notice any Content posted or stored on the Site at any time and for
any reason and without liability to you or any third party, and you are solely
responsible for creating backup copies of and replacing any Content you post or
store on the Site at your sole cost and expense.
Any use of the Interactive Areas or other portions of the Site in violation of
the foregoing violates these Terms and Conditions and may result in, among other
things, termination or suspension of your rights to use the Interactive Areas
and/or the Site. In order to cooperate with legitimate governmental requests,
subpoenas or court orders, to protect 2CarPros’ systems and customers, or to
ensure the integrity and operation of 2CarPros business and systems, 2CarPros
may access and disclose any information it considers necessary or appropriate,
including, without limitation, user profile information (i.e. name, email
address, etc.), IP addressing and traffic information, usage history, and posted
Content.
2CarPros’ right to disclose any such information, as applicable, shall be
pursuant to the terms of 2CarPros’ Privacy Policy. Please see 2CarPros’ Privacy
Policy for the terms of 2CarPros’ personal data collection and use practices
with respect to the Site. By using this Site, you consent to 2CarPros’
collection and use of personal data as set forth in 2CarPros’ Privacy Policy.
Rights to User Content
Content submitted by users will be considered non-confidential and 2CarPros is
under no obligation to treat such Content as confidential or proprietary
information. Without limiting the foregoing, 2CarPros reserves the right to use
the Content as it deems appropriate, including, without limitation, posting,
reproducing, adapting, translating, publicly displaying, telecommunicating or
performing, uploading to, transmitting, distributing, storing, creating
derivative works from, publishing, deleting, editing, modifying, rejecting, or
refusing to post it. 2CarPros is under no obligation to offer you or make any
payment for Content that you submit or its use as contemplated herein or for
your permission or license to edit, delete or otherwise modify Content once it
has been submitted to 2CarPros. 2CarPros shall have no duty to attribute
authorship of Content to you, and shall not be obligated to enforce any form of
attribution by third parties.
If it is determined that you retain moral rights (including rights of
attribution or integrity) in the Content, you hereby declare that (a) you do not
require that any personally identifying information be used in connection with
the Content, or any derivative works of or upgrades or updates thereto; (b) you
have no objection to the publication, use, modification, deletion and
exploitation of the Content by 2CarPros or its licensees or sub-licensees,
successors and assigns; (c) you forever irrevocably waive in favor of 2CarPros
and its successors, assigns, officers, employees, affiliates, agents and
sub-licensees, and agree not to claim or assert any entitlement to, any and all
moral rights you may have as an author throughout the World in any of the
Content; and (d) you forever release 2CarPros, and its licensees, successors and
assigns, from any claims that you could otherwise assert against 2CarPros by
virtue of any such moral rights.
Grant of License; Use Of The Site
2CarPros grants to you a personal, revocable, nonexclusive, non-transferable
license to view, download, and print limited portions of the Site Content
available in the public areas of the Site subject to the following conditions: (i)
you may only do so on an occasional basis for your own personal and
non-commercial use; (ii) you may not modify the Site Content; (iii) any displays
or printouts of Site Content must be marked "© 2019, 2CarPros, Inc., All rights
reserved."; (iv) you may not remove or modify any copyright, trademark, or other
proprietary notices that have been placed in/on the Site Content by 2CarPros;
and (v) you may not reproduce, modify, adapt, translate, edit, upload to,
transmit, store, further post, mirror, frame, “deep link,” “scrape,” data mine,
prepare derivative works from, sell or distribute or publicly display, perform
or telecommunicate Site Content, except as provided herein. Except as expressly
permitted above, copying, transmission, reproduction, public display,
performance or telecommunication, reproduction, republication, modification,
adaptation, translation, editing, storing, transmitting, creation of derivative
works, posting, or redistribution of the Site Content or any portion thereof is
strictly prohibited without the prior written permission of 2CarPros. To request
permission, you may contact 2CarPros as follows:
By electronic mail to: message@2CarPros.com
Or by regular mail to:
Editor
2CarPros
34145 Pacific Coast Hwy Suite 809
Dana Point, CA 92629-2808
You may not use Site Content in any manner that suggests the affiliation,
sponsorship, endorsement or association with or by 2CarPros with or of you or
any third-party entity, person, product or service unless express written
permission has been given by 2CarPros in advance. You represent and warrant that
your use of Site Content will be consistent with this license and will not
infringe or violate the rights of any other party or breach any contract or
legal duty to any other parties, or violate any applicable law. Any unauthorized
use of the Site or the Site Content will terminate the permission granted by
this Agreement and may violate applicable laws, including copyright law,
trademark laws, and commercial regulations and statutes.
WARRANTY DISCLAIMER
2CARPROS, INC. MAKES NO CONDITION, REPRESENTATION OR WARRANTY OF ANY KIND
REGARDING THE SUITABILITY OF THE SITE CONTENT, OR ANY PORTION THEREOF, FOR ANY
PURPOSE. THE SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR
THROUGH THE SITE ARE PROVIDED ON AN "AS IS," “AS AVAILABLE” BASIS, AND 2CarPros,
INC. EXPRESSLY DISCLAIMS ANY AND ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES
OF MERCHANTABILITY OR FITNESS FOR PARTICULAR USE, INCLUDING ALL IMPLIED
WARRANTIES IN CONNECTION WITH THE FOREGOING. 2CARPROS, INC. ALSO EXPRESSLY
DISCLAIMS ANY CONDITION, WARRANTY OR REPRESENTATION AS TO THE ACCURACY, RESULTS,
TIMELINESS, COMPLETENESS, NON-INFRINGEMENT, OR PROPRIETARY CHARACTER OF THE
SITE, ALL SITE CONTENT, AND ALL OTHER CONTENT AVAILABLE ON OR THROUGH THE SITE.
2CARPROS DOES NOT GUARANTEE THAT THE SITE WILL BE ERROR FREE, OR CONTINUOUSLY
AVAILABLE, OR THAT THE SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
YOU WAIVE AND COVENANT NOT TO ASSERT ANY CLAIMS OR ALLEGATIONS OF ANY NATURE
WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SITE, INCLUDING, WITHOUT
LIMITATION, ALL CLAIMS AND ALLEGATIONS RELATING TO THE ALLEGED INFRINGEMENT OF
PROPRIETARY RIGHTS, THE ALLEGED INACCURACY OF SITE CONTENT, YOUR INABILITY TO
ACCESS THE SITE AT ANY GIVEN TIME, OR ALLEGATIONS THAT 2CARPROS, INC. HAS OR
SHOULD INDEMNIFY, DEFEND, OR HOLD YOU HARMLESS FROM ANY CLAIM OR ALLEGATION
ARISING FROM YOUR USE OR OTHER EXPLOITATION OF THE SITE.
LIMITATION OF LIABILITY
YOU USE THE SITE AT YOUR OWN RISK AND NEITHER 2CARPROS, INC., ITS AFFILIATES AND
SUBLICENSEE NOR THE PARTIES WHO PROVIDE INFORMATION AND MATERIAL FOR PUBLICATION
WITHIN THE SITE CONTENT SHALL BE LIABLE FOR ANY DAMAGES OF ANY SORT ARISING FROM
YOUR USE OF OR INABILITY TO USE THE SITE OR ANY PRODUCT OR SERVICE LINKED TO OR
FROM OR ADVERTISED OR PROMOTED ON THE SITE, INCLUDING, WITHOUT LIMITATION,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, OR OTHER
DAMAGES OF ANY KIND (INCLUDING LOST REVENUES OR PROFITS, LOSS OF BUSINESS, AND
LOSS OF DATA), EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH
DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE
LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMITTED BY LAW, 2CARPROS ALSO
DISCLAIMS LIABILITY FOR ANY DIRECT DAMAGES BASED ON YOUR ACCESS OR USE OF THE
SITE AND THE SITE CONTENT. IF 2CARPROS IS FOUND TO BE LIABLE UNDER THIS
AGREEMENT, INCLUDING FOR DIRECT OR ANY TYPE OF DAMAGES, OUR AGGREGATE LIABILITY
TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES
PAID BY YOU IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO THE LIABILITY;
OR (B) $100.
YOU AGREE TO INDEMNIFY 2CARPROS AND ITS OWNERS, SHAREHOLDERS, SUBSIDIARIES,
AFFILIATES, OFFICERS, EMPLOYEES, PARTNERS, AND LICENSORS, AND THEIR RESPECTIVE
SUCCESSORS AND ASSIGNS, AND HOLD ALL OF THE FOREGOING HARMLESS, FROM AND AGAINST
ANY AND ALL CLAIMS, LIABILITY AND EXPENSES, INCLUDING ATTORNEYS FEES, ARISING
FROM OR RELATED IN ANY WAY TO YOUR USE OF THE SITE OR ANY BREACH OF THESE TERMS
AND CONDITIONS.
Links To Other Sites
The Site contains links to third-party web sites. The linked sites are not under
the control of 2CarPros, and 2CarPros is not responsible for the contents of any
linked site. 2CarPros provides these links as a convenience, and a link does not
imply endorsement of, sponsorship of, or affiliation with the linked site by
2CarPros. Linked sites are owned and operated by independent retailers or
service providers, and therefore, 2CarPros cannot ensure that you will be
satisfied with their products, services, or business practices. You should make
whatever investigation you feel necessary or appropriate, including reviewing
their Terms of Use and Privacy Policies, before proceeding with any transaction
with any of these third parties.
Digital Millennium Copyright Act Compliance
2CarPros complies with the provisions of the Digital Millennium Copyright Act
applicable to internet service providers (17 U.S.C. SS 512). If you have any
complaints or objections to material posted on this Site, or if you believe that
material posted on this Site infringes a copyright that you hold, you may
contact our Designated Agent at the address provided below. According to the
U.S. Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c)(3), your notice
must comply with the following requirements:
A physical or electronic signature of the copyright owner or person authorized
to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if
multiple copyrighted works at a single online site are covered by a single
notification, a representative list of such works at that site;
Identification of the material that is claimed to be infringing or to be the
subject of infringing activity and that is to be removed or access to which is
to be disabled, and information reasonably sufficient to permit 2CarPros to
locate the material;
Information reasonably sufficient to permit 2CarPros to contact you, such as
address, telephone number, and, if available, an electronic mail address at
which you may be contacted;
A statement by you 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 the 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 of an exclusive right that is allegedly infringed.
The Designated Agent for notice of copyright infringement claims may be reached
as follows:
Editor
2CarPros
34145 Pacific Coast Hwy Suite 809
Dana Point, CA 92629-2808
message@2CarPros.com
2CarPros.com Short Code Terms of Service
If you have any questions regarding privacy, please read the 2CarPros privacy
policy: https://www.2carpros.com/articles/privacy-policy
Applicable Law and Jurisdiction
The Site (excluding links to third-party sites) is owned and controlled by
2CarPros, and operated by 2CarPros from its offices in and around Orange County
California. While 2CarPros has made no effort to publish the Site elsewhere,
because this Site is published on the World Wide Web it is accessible in all
fifty states of the United States, Canada and in other countries. Each of these
places has laws that may differ from those of California and from each other.
You and 2CarPros both benefit from establishing a predictable legal environment
in which to publish, access and use this Site. Therefore, by publishing,
accessing, and/or using the Site, you and 2CarPros explicitly agree that all
disputes, claims, or other matters arising from or relating to your use of this
Site will be governed by the laws of the Commonwealth of Orange County
California, without regard to its conflicts of law principles. You agree that
all claims you may have against 2CarPros arising from or relating to the
operation or use of this Site will be heard and resolved according to the
Section below captioned “Dispute Resolution – Mandatory Arbitration and Class
Acton Waiver.” If you chose to access this Site from locations other than
Anaheim California, you will be responsible for compliance with all local laws
of such other jurisdiction.
Assumption of Risk
You use the Internet solely at your own risk and subject to all applicable
local, state, national, and international laws and regulations. Although
2CarPros has endeavored to create a secure and reliable Site, the
confidentiality of any communication or material transmitted to/from this Site
over the Internet cannot be guaranteed. Accordingly, 2CarPros is not responsible
for the security of any information transmitted via the Internet, the accuracy
of the information contained on the Site, or for the consequences of any
reliance on such information. 2CarPros shall have no liability for interruptions
or omissions in Internet, network or hosting services. You assume the sole and
complete risk of using this Site.
Modifications to the Site
2CarPros may change, restrict access to, suspend, or discontinue any aspect of
the 2CarPros.com service or the Site at any time, including availability of any
feature, database, or content. 2CarPros may also impose limits on certain
features and services or restrict your access to all or parts of the
2CarPros.com web site without notice or liability. 2CarPros may remove any
review from the Site if 2CarPros determines, in its sole discretion, that the
review may be false or fraudulent. 2CarPros may exclude or remove from the Site
embedded contact information in (i) a dealer’s description of a vehicle and/or
(ii) images, often known as "Watermarking," if 2CarPros determines in its sole
discretion that such information is embedded with the intent of circumventing
the 2CarPros lead routing process.
2CarPros reserves the right (but assumes no obligation) to delete, move,
condense or edit any content on the Site that comes to 2CarPros' attention and
that 2CarPros considers unacceptable or inappropriate, whether for legal or
other reasons.
Termination
You agree that we may, under some circumstances and without prior individual
notice to you, terminate your use of and access to any of the parts of the Site
to which we restrict access, for example, by requiring registration. Some of the
reasons for such termination may include, but are not limited to, (a) a breach
or violation or suspected breach or violation of these Terms and Conditions or
other incorporated terms or guidelines, (b) a request by law enforcement or
another government agency, (c) our decision to discontinue or change all or part
of the Site, (d) technical or security issues, and (e) fraudulent or illegal
activities. All terminations will be made in our sole discretion and you agree
that we will not be liable for any termination of your use of or access to the
Site or any part of the Site.
Miscellaneous
This agreement may not be assigned by you without the prior written consent of
2CarPros. Any attempted assignment that does not comply with these Terms and
Conditions shall be null and void. 2CarPros may assign these Terms and
Conditions, in whole or in part, to any third-party in its sole discretion.
These terms and Conditions shall inure to the benefit of and be binding upon the
parties hereto, and their permitted successors, permitted assigns, heirs, and
legal and personal representatives. If any provisions of this agreement are held
to be invalid or unenforceable by an arbitrator or a court of competent
jurisdiction, any such provision(s) shall be enforced to the maximum extent
permissible so as to effect the intent of the parties and shall not affect the
validity or enforceability of any other provisions herein, and the remainder of
this Agreement shall continue in full force and effect. Any waiver of any
provision herein, to be effective, must be in writing signed by an authorized
officer of 2CarPros, and shall not constitute a waiver of any other provision
herein or a continuing waiver of any future breaches of the same provision.
Entire Agreement/Reservation of Rights
These Terms and Conditions and 2CarPros’ Privacy Policy represent the entire
agreement between you and 2CarPros with respect to your access to or use of any
material available on or through the Site, and it supersedes all prior or
contemporaneous communications and proposals, whether electronic, oral, or
written between you and 2CarPros with respect to same. Any rights not expressly
granted under this Agreement are reserved.
Expert Agreement
All experts are considered independent contractors and will be issued a 1099 and will be solely responsible for all personal tax and applicable personal charges. ALL expert and user content becomes the property of 2CarPros INC.
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