VehicleOwnersGuide.com Web Site Terms and Conditions of Use.
VehicleOwnersGuide.com , along with all its subsidiaries and affiliates ("VOG"),
provides the information and services on its World Wide Web site(s) (the "Site")
under the following terms and conditions. By accessing and/or using the Site,
you indicate your acceptance of these terms and conditions.
LAWS AND REGULATIONS.
Access to and use of this Site are subject to all applicable international,
federal, state and local laws and regulations. User agrees not to use the Site
in any way that violates such laws or regulations.
COPYRIGHT AND TRADEMARKS.
The information available on or through this Site is the property of
VehicleOwnersGuide.com ., or its licensors, and is protected by copyright,
trademark, and other intellectual property laws. Users may not modify, copy,
distribute, transmit, display, publish, sell, license, create derivative works
or otherwise use any information available on or through this Site for
commercial or public purposes. Users may not use the trademarks, logos and
service marks ("Marks") for any purpose including, but not limited to use as
"hot links" or meta tags in other pages or sites on the World Wide Web without
the written permission of VehicleOwnersGuide.com or such third party that may
own the Mark.
THIRD-PARTY INFRINGEMENT CLAIMS.
User warrants that they the legal right to upload documents they send to this
Site. User shall defend at its own expense any action against
VehicleOwnersGuide.com brought by a third party to the extent that the action is
based upon a claim that an uploaded document infringes any copyrights or
misappropriates any trade secrets recognized as such under the Uniform Trade
Secrets Act, and User shall pay those costs and damages finally awarded (after
exhaustion of all appeals) against VehicleOwnersGuide.com in any such action or
those costs and damages agreed to in a monetary settlement of such action, in
each case that are specifically attributable to such claim.
TAMPERING. User agrees
not to modify, move, add to, delete or otherwise tamper with the information
contained in VehicleOwnersGuide.com 's Web site. User also agrees not to
decompile, reverse engineer, disassemble or unlawfully use or reproduce any of
the software, copyrighted or trademarked material, trade secrets, or other
proprietary information contained in the Site.
THIRD PARTY INFORMATION.
Although VehicleOwnersGuide.com monitors the information on the Site, some of
the information is supplied by independent third parties. While
VehicleOwnersGuide.com makes every effort to insure the accuracy of all
information on the Site, VehicleOwnersGuide.com makes no warranty as to the
accuracy of any such information.
LINKS TO THIRD PARTY SITES.
This Site may contain links that will let you access other Web sites that are
not under the control of VehicleOwnersGuide.com . The links are only provided as
a convenience and VehicleOwnersGuide.com does not endorse any of these sites.
VehicleOwnersGuide.com assumes no responsibility or liability for any material
that may be accessed on other Web sites reached through this Site, nor does
VehicleOwnersGuide.com make any representation regarding the quality of any
product or service contained at any such site.
LINKS FROM THIRD PARTY SITES.
VehicleOwnersGuide.com prohibits unauthorized links to the Site and the framing
of any information contained on the site or any portion of the Site.
VehicleOwnersGuide.com reserves the right to disable any unauthorized links or
frames. VehicleOwnersGuide.com has no responsibility or liability for any
material on other Web sites that may contain links to this Site.
We may also elect to transfer your Personal Information to third parties under special circumstances to: (i) to comply with a legal requirement, judicial proceeding, court order, or legal process served on Us; (ii) to investigate a possible crime, such as fraud or identity theft; (iii) in connection with the sale, purchase, merger, reorganization, liquidation or dissolution of VehicleOwnersGuide.com; (iv) when we believe it is necessary to protect the rights, property, or safety of VehicleOwnersGuide.com or other persons, or (v) as otherwise required or permitted by law, including any contractual obligations of VehicleOwnersGuide.com.
Information and documents provided on this Site are provided "as is" without
warranty of any kind, either express or implied, including without limitation
warranties of merchantability, fitness for a particular purpose, and
non-infringement. VehicleOwnersGuide.com uses reasonable efforts to include
accurate and up-to-date information on this Site; it does not, however, make any
warranties or representations as to its accuracy or completeness.
VehicleOwnersGuide.com periodically adds, changes, improves, or updates the
information and documents on this Site without notice. VehicleOwnersGuide.com
assumes no liability or responsibility for any errors or omissions in the
content of this Site. Your use of this Site is at your own risk.
LIMITATION OF LIABILITY.
UNDER NO CIRCUMSTANCES SHALL VehicleOwnersGuide.com AND/OR ITS MANUFACTURERS REPRENSENTATIVES BE LIABLE FOR ANY
DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL
DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS
INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM
ACCESS TO, USE OF, SET-UP OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF
SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET,
EVEN IF VehicleOwnersGuide.com WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND
THE MAXIMUM LIABILITY VehicleOwnersGuide.com AND/OR ITS MANUFACTURERS REPRENSENTATIVES SHALL BE LIMITED TO REFUND OF THE PRICE PAID BY YOU FOR USE OF THE PROGRAM.
PRIVACY. Protecting the
privacy of our clients and users of our Sites is important to
VehicleOwnersGuide.com. The VehicleOwnersGuide.com Web Site Privacy Statement
describes how we use and protect information you provide to us.
transmitted to and from VehicleOwnersGuide.com client Sites is encrypted for the
user's protection. However, the security of information transmitted through the
Internet can never be guaranteed. VehicleOwnersGuide.com is not responsible for
any interception or interruption of any communications through the Internet or
for changes to or losses of data. User is responsible for maintaining the
security of any password, user ID, or other form of authentication involved in
obtaining access to password protected or secure areas of VehicleOwnersGuide.com
sites. In order to protect you and your data, VehicleOwnersGuide.com may suspend
your use of a client site, without notice, pending an investigation, if any
breach of security is suspected.
TRANSMISSION OF PERSONAL DATA.
User acknowledges and agrees that by providing VehicleOwnersGuide.com with any
personal information through the Site, User consents to the transmission of such
personal user information over international borders as necessary for processing
in accordance with VehicleOwnersGuide.com's standard business practices and the
VehicleOwnersGuide.com Web Site Privacy Statement.
ACCESS TO PASSWORD
PROTECTED/SECURE AREAS. Access to and use of password protected and/or
secure area of the Site is restricted to authorized users only. Unauthorized
access to such areas is prohibited and may lead to criminal prosecution.
SINGLE ACCOUNT PER LOCATION.
Each location where estimates are created and scrubbed required an individual
Each location may only register once. Creating multiple registrations from a
single location to access password protected and/or secure area of the Site to
circumvent paying for a scrubber subscription constitutes unauthorized use.
BINDING ARBITRATION. Any dispute, claim, case or controversy, whether in tort, contract, statute or otherwise, arising out of or relating to EstimateScrubber.com shall be resolved by binding arbitration. By using EstimateScrubber.com, you signify your consent to arbitration in San Diego, California.
(b) JAMS Dispute Resolution Experts under its Comprehensive Arbitration Rules. The arbitration will be conducted by a single arbitrator in English in San Diego, California. The award of the arbitrator shall be accompanied by a statement of the reasons upon which the award is based. This agreement is governed by the Federal Arbitration Act, and any award shall be subject to judicial confirmation in any court having jurisdiction. If any part of this paragraph is deemed illegal, unenforceable or invalid, then that portion will be severed and it shall not operate to invalidate any other portion of this paragraph.
BY AGREEING TO THIS ARBITRATION PROVISION, THE PARTIES UNDERSTAND THAT THEY ARE WAIVING ANY RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL AS WELL AS ANY RIGHT TO PARTICIPATE IN A CLASS ACTION OR IN CLASS ACTION PROCEEDINGS.