TERMS OF SERVICE AGREEMENT
Updated: April 25, 2014
USING OR ACCESSING CARCAREKIOSK.COM (the “Website”), VIEWING CARCAREKIOSK CONTENT OR ANY CARCAREKIOSK PRODUCTS, SOFTWARE, DATA FEEDS AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE CARCAREKIOSK WEBSITE (collectively the “SERVICE”) INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND, WITHOUT LIMITATION OF QUALIFICATION, BY THIS TERMS OF SERVICE AGREEMENT (the “Agreement”), IRRESPECTIVE OF WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE.
OVERVIEW AND USE OF OUR SERVICE
The website www.carcarekiosk.com, including all sub-domains (collectively the “Website”) is the Website and online service of Flatsix, LLC (the “Company,” “Flatsix,” “we,” “our” or “us”). The Website is a destination for consumers to learn how to perform maintenance and repair functions on their cars. The information contained in the Service is intended to augment, not replace, the instruction and advice provided to you by your owner’s manual and your qualified automotive technician. This Service is not a substitute for a comprehensive diagnostic inspection conducted by a qualified automotive technician.
You understand and acknowledge that your use of the Service will expose you to content from a variety of sources and that CarCareKiosk is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content. You further understand and acknowledge that you may be exposed to inaccurate, indecent, objectionable or offensive content and you agree to indemnify and hold harmless Flatsix, its owners, operators, affiliates, subsidiaries, licensors and licensees to the fullest extent allowed by law related to your use of our Service.
We grant you permission to make personal use of the Service only. This Service, or any part of it, may not be downloaded, reproduced, copied, duplicated, sold, resold, broadcasted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without our written consent. Other than your own “User Generated Content,” described below, you may display the Service for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on our Service without our written consent. You are responsible for making all arrangements necessary for you to have access to the Website and ensuring that all persons who access the Website through your Internet connection are aware of this Agreement and comply with it. Please contact firstname.lastname@example.org to solicit permission to reproduce or distribute content from our Service.
Registration with the Website, while free, is not required to use some portions of the Service. Full access of the Service will require registration with CarCareKiosk by creating a “User” account. Registration will give you access to the Service and functionality that we may establish and maintain at our sole discretion.
We may temporarily or permanently suspend, terminate or otherwise forbid your access to the Service without notice and liability in our sole discretion, for any reason. In the event your access is restricted by us, you continue to be bound by this Agreement.
USER GENERATED CONTENT
We may allow users of the Service to post comments, upload videos and other content that is intended for display on the Website (collectively “User Generated Content” or “Content”). You agree that any Content you provide will not include Content that is libelous, indecent, profane, illegal, threatening, defamatory, injurious to third parties, invasive of privacy or publicity rights, abusive or otherwise objectionable, which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You agree that any Content you provide will not consist of commercial solicitation, links to other websites, political campaigning or any form of spam. Harassment in any manner or form on the Website, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including us or our licensed employee, host, or representative, as well as other members or visitors on this Website is prohibited. You agree not to submit any Content that is confidential or proprietary information about any person or entity or is a copyright, trademark or other intellectual property right of another person or entity. You are solely responsible for Content you submit to our Service and agree that our Service is acting as a passive conduit for your online distribution and publication of your User Generated Content.
By submitting any User Generated Content to our Service, you are granting us a royalty-free, non-exclusive, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, distribute and display such Content throughout the galaxy for any purpose and in any media. For purposes of clarity, you retain all of your ownership rights in your Content, however, by submitting Content to our Service, you are granting us a royalty-free, non-exclusive, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, distribute and display such Content throughout the world for any purpose and in any media. You understand that Flatsix does not guarantee any confidentiality with respect to any Content you submit, nor do we guarantee that Content submitted by our users will appear on our Service.
You further agree not to use the Website: in any way that violates any applicable federal, state, local or international law or regulation; for the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise; to transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail,” "chain letter" or "spam" or any other similar solicitation; to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website or expose them to liability. Additionally, you agree not to use the Website in any manner that could disable, overburden, damage, or impair the Website.
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
We do not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content or accuracy of these communications and materials. You acknowledge that if we provide you with the ability to view and distribute User Generated Content on the Website, we are merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, we reserve the right to block or remove communications or materials that it determines to be in violation of this Agreement.
The content featured on the Service, including but not limited to text, graphics or code, and the trademarks, service marks and logos (“Marks”) featured on the Service are owned by or licensed to Flatsix and are subject to copyright and other intellectual property rights under the law. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such intellectual property rights.
You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for your own non-commercial use. Further, your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials and you may store files that are automatically cached by your Web browser for display enhancement purposes. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this Website is strictly prohibited, unless authorized by us. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
We have provided a Feedback tab for our Users to submit suggestions, comments and ideas. By submitting any idea, through the Feedback tab or otherwise, you agree that your disclosure is unsolicited, gratuitous and without restriction and will not place Flatsix under any fiduciary or other obligation and that we are free to disclose the ideas on a non-confidential basis to anyone or use the ideas without any compensation to you. By acceptance of your submission(s), you acknowledge that we do not waive any rights to use similar or related ideas previously known to us or obtained from sources other than you.
If you believe that any posts violate your copyright, please send us a notice of copyright infringement by e-mailing email@example.com. It is our policy to terminate the user accounts of repeat infringers.
Pursuant to the Digital Millennium Copyright Act, we designate the agent below to receive notifications of claimed copyright infringement. If you reasonably believe that your work has been copied in a way that constitutes copyright infringement, please provide to our designated agent the following information:
Our designated agent for notification may be contacted at:
Attn: General Counsel
PO Box 70151
Milwaukee, WI 53207
We have the right to disclose, and you consent to our disclosure of, your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; and take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing it to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD US HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US OR LAW ENFORCEMENT AUTHORITIES.
ELIGIBILITY to ACCEPT TERMS OF SERVICE
You affirm that you are 13 years of age or older as the Service is not intended for children under 13. If you are between the ages of 13 and 18, you may only use this Service if you are an emancipated minor or possess legal parental or guardian consent and enter and abide by the terms in this Agreement. Registration, use or access to the Service by anyone under 13 is unauthorized and in violation of this Agreement. If you are under 13, please ask your parents for appropriate websites for your age.
YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THERE ARE SERIOUS RISKS TO YOURSELF AND YOUR VEHICLE INHERENT TO AUTOMOTIVE MAINTENANCE AND REPAIR, ESPECIALLY (BUT NOT LIMITED TO) WHEN JACKING UP YOUR VEHICLE, JUMPING A CAR BATTERY OR HANDLING HAZARDOUS FLUIDS, INCLUDING, BUT NOT LIMITED TO BRAKE FLUID, POWER STEERING FLUID, ENGINE COOLANT, OIL OR TRANSMISSION FLUID. DO NOT ATTEMPT TO CONDUCT ANY VEHICLE MAINTENANCE OR REPAIR PROCEDURES WITHOUT A THOROUGH UNDERSTANDING OF THE SAFE PRACTICES, ACCEPTED REPAIR PROCEDURES AND RISKS INVOLVED.
TO THE FULLEST EXTENT PERMITTED BY LAW, FLATSIX, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, IN CONNECTION WITH THE SERVICE. THIS WEBSITE AND THE MATERIALS ON THIS WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT IN THIS SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOU ACCESS OF THE SERVICE OR ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVERS AND ALL PERSONAL INFORMATION STORED THEREIN. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS OF ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES OR FOR ANY BUGS, VIRUSES OR TROJAN HORSES WHICH MAY BE TRANSMITTED THROUGH OUR SERVERS. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR PRODUCT OR SERVICE OFFERED THROUGH ADVERTISING ON OUR WEBSITE. WE WILL NOT BE PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY PROVIDER OF GOODS OR SERVICE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATION OF LIABILITY
FLATSIX, ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR THE INABILITY TO USE, THE WEBSITE OR ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING BUT NOT LIMITED TO, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE. THIS LIMITATION OF LIABILITY ALSO INCLUDES: i) ANY ERRORS OR MISTAKES OF CONTENT; ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF, OR INABILITY TO USE, OUR SERVICE; iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN; iv) ANY INTERRUPTION IN OUR SERVICE; v) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE. THIS LIMITATION OF LIABILITY APPLIES REGARDLESS OF WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS, DAMAGES, LOSSES, FEES AND EXPENSES (INCLUDING ATTORNEYS' FEES) EXCEED THE GREATER OF THE FEES YOU PAID TO US FOR THE PARTICULAR SERVICES FROM WHICH ANY CLAIMS ARISE OR $10. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
The Service is offered by us from our facilities in the United States. We make no representations that our Service is appropriate or available for use in other locations. Use of our Service outside of the United States is done at these Users’ own risk and they are responsible for compliance with local law.
You agree to indemnify and hold harmless Flatsix, its partners, subsidiaries, affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, costs and expenses (including, but not limited to attorney’s fees) arising from: i) your violation of any term of this Agreement; ii) your use of and access to the Service; iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or intellectual property rights; iv) your violation of any law, rule or regulation of the United States or any other country; v) any claim or damages that arise as a result of any of your User Generated Content or any content submitted under your account; or vi) any other party’s access to the Service through your username and password information.
This Agreement has been entered into in the State of Wisconsin and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Wisconsin, without regard to the principles of conflict of laws. You consent to the exclusive jurisdiction of the federal and/or state courts of Milwaukee County in regard to any dispute arising out of this Agreement. You agree that the Service is deemed a passive website that does not give rise to personal jurisdiction over Flatsix, either specific or general, in jurisdictions other than Wisconsin.
This Agreement is applicable to you upon your accessing the Website. These terms and conditions, or any part of them, may be terminated by us without notice at any time, for any reason. The provisions relating to Intellectual Property, Warranty Disclaimer, Limitation of Liability, Indemnification and General, shall survive any termination.
We may deliver notice to you by means of e-mail, a general notice on the Website, or by other reliable method to the address you have provided to us.
We may assign its rights and duties under this Agreement to any party at any time without notice to you. We are entitled to recover all costs and expenses in enforcing this Agreement, including attorneys’ fees.
Please direct any comments or questions about this Terms of Service Agreement, the practices of this Website or any other matter to us at firstname.lastname@example.org or by mail at Flatsix, LLC.