Terms of Use
THIS CARBUDDY.COM WEBSITE ("SITE") IS OWNED AND OPERATED BY CARBUDDY, LLC, A MICHIGAN, LIMITED LIABILITY COMPANY ("CARBUDDY,"
"WE" OR "US"). THESE TERMS OF USE ("AGREEMENT") IS A LEGAL AGREEMENT BETWEEN CARBUDDY AND YOU AS A DRIVER, PASSENGER, NEITHER
OR BOTH ("YOU," "YOUR," "DRIVER” OR "PASSENGER”) AND GOVERNS YOUR USE OF THIS SITE. PLEASE READ THIS AGREEMENT CAREFULLY
BEFORE USING THE SITE. BY CLICKING ON THE "I ACCEPT" BUTTON OR USING THE SITE, YOU ARE INDICATING THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO BE BOUND BY ALL OF ITS TERMS. IF YOU DO NOT ACCEPT THIS AGREEMENT, YOU ARE NOT ELIGIBLE TO BECOME
A DRIVER OR PASSENGER THROUGH THE SITE AND YOU SHOULD DISCONTINUE YOUR USE OF THE SITE. IN ADDITION, WHEN USING A PARTICULAR
SERVICE AND/OR ACCESSING CERTAIN MATERIALS ON OR THROUGH THE SITE, YOU SHALL BE SUBJECT TO ANY POSTED TERMS OR RULES APPLICABLE
TO SUCH SERVICES OR MATERIALS, WHICH ARE IN ADDITION TO THIS AGREEMENT. ALL SUCH TERMS OR RULES ARE HEREBY INCORPORATED
BY REFERENCE INTO THIS AGREEMENT, AND IF YOU DO NOT AGREE WITH THEM YOU SHOULD NOT USE THE SERVICE AND/OR MATERIALS.
- Policy. The Privacy Policy contained on the Site is incorporated in this Agreement by reference, but
this Agreement shall govern any conflict or inconsistency with such Privacy Policy.
- Amendments to Agreement and Privacy Policy. CarBuddy reserves the right to change the terms and conditions
of this Agreement, the Privacy Policy and/or any of its other policies relating to the Site, at any time in its sole discretion.
CarBuddy shall notify you of such changes by posting the changes on the Site. You are responsible for regularly reviewing
the Site and this Agreement regarding such changes. Continued use of the Site after any such changes have been posted shall
constitute your agreement to them.
- Materials and Services. Through this Site, CarBuddy may make available to you: (a) certain audio and
visual articles, text, images, illustrations, photographs, video, documents and other materials contained or displayed in
or made available through the Site (collectively, "Materials”); and (b) various services operated by CarBuddy, such as CarBuddy’s
web-based pairing services for Passengers and Drivers (defined herein), scheduling services for Passengers and Drivers,
chat rooms, bulletin boards and other services described in this Agreement and/or on the Site (collectively, "Services”).
- License. CarBuddy and its licensors grant to you a personal, non-exclusive, non-transferable license
to: (a) access, view, download, print, use and display Materials; and (b) use the tools and software on the Site (collectively,
"Software”); solely for your own personal, informational, non-commercial use. In this Agreement, all references to the "Site”
shall be deemed to include all "Software,” "Materials” and "Services,” unless otherwise expressly indicated. All rights
not expressly granted by CarBuddy to you are retained by CarBuddy, and you may not use the Site and/or any element of the
Site in any manner or for any purpose not expressly authorized by this Agreement. The rights granted to you do not include,
and are not applicable to, the design or layout of the Site, which are protected by trade dress and other laws and may not
be copied or imitated in whole or in part.
- Restrictions; Removal. You shall not: (a) remove or destroy any proprietary rights marks or legends on
or in the Site; (b) modify, enhance, adapt, translate, or create derivative works of the Site; (c) republish, post, transmit,
transfer, distribute, assign, sublicense, rent, lease or sell the Site; (d) decompile, disassemble or reverse engineer the
Site; (e) reproduce or make copies of the Site; (f) "frame” or "mirror” the Site on any other server or Internet-based device;
and/or (g) access, view, download, print, use and/or display the Site for any commercial or other money-making purpose.
You acknowledge that certain elements of the Site are, or may in the future be, licensed to CarBuddy by third parties and
that the availability of such elements may cease automatically, without notice or liability on the part of CarBuddy.
- Ownership. CarBuddy and/or its licensors own and shall retain all rights, title and interests, including
all intellectual property rights, in and to the Site, and all elements thereof. Except for the express licenses granted
to you herein, you neither have nor acquire any rights, title or interests in or to the Site, or any element thereof.
- Marks and Logos. "CarBuddy”, "carbuddy.com” and all other names, marks, symbols and logos used in connection
with the Site are trademarks of CarBuddy or other third parties (the "Marks”). CarBuddy grants you no license, permission
or authorization to reproduce or use any Marks, whether owned by CarBuddy or a third party. You agree not to display, copy,
redistribute or use any Marks in any manner for any reason without CarBuddy’s prior express written consent.
- Driver and Passenger Support Services - Generally.
- Certain drivers may seek to offset the cost of operating their own vehicles, reduce gasoline consumption, contribute to
sound environmental practices and reduce greenhouse gas emissions by providing rides to others.
- Certain passengers may seek to obtain rides from others for convenience, as an alternative to public transportation, as
a method of reducing gasoline consumption and expense, as a way to contribute to sound environmental practices and reduce
greenhouse gas emissions by obtaining rides from others.
- CarBuddy operates its driver and passenger support Services over the Internet and pairs drivers that complete a CarBuddy
Driver Profile and are subsequently accepted by CarBuddy ("Driver(s)”) with passengers that complete a CarBuddy Passenger
Profile ("Passenger(s)”) by using various parameters such as location, schedule, gender, smoking preference, conversational
and musical preferences, and number of passengers. The CarBuddy system will analyze the information provided by Drivers
and Passengers and provide Drivers with their most compatible option based on the information submitted through CarBuddy’s
Driver and Passenger Profiles ("Ideal Match”). Once Drivers have been provided with their Ideal Match, Drivers have the
option of accepting that match and offering a ride share arrangement to the matched Passenger via e-mail.
- Once the Driver and Passenger have agreed on a ride share arrangement, CarBuddy will establish the base fee for the ride
share based on the actual cost of the trip in question, provide a "limited escrow” service by collecting the money from
the Passenger, holding it for a one week period, and then paying the fee to the Driver, less CarBuddy’s fee (described below).
- CarBuddy will provide the specific Services to Drivers and Passengers described in Section 8(vi) below. You may use the
Services only for the purposes and in accordance with the terms and conditions set out in this Agreement.
- CarBuddy provides Drivers and Passengers with the following Services:
- CarBuddy will require Drivers to provide their driver’s license number and a valid certificate of insurance.
- CarBuddy will conduct a search of public records in a Driver’s home state to confirm that Drivers have a valid driver’s
license and insurance policy. By agreeing to this Agreement, Drivers grant CarBuddy the permission to conduct such a search.
- Based on the information submitted through CarBuddy’s Driver and Passenger Profiles, CarBuddy will, through its system,
provide Drivers with their "Ideal Match” and allow Drivers to offer ride shares through the Site via e-mail to the applicable
Passenger(s), as described above.
- CarBuddy will establish, through its own proprietary software, the base fee to be paid by the Passenger for each ride
share based on the actual cost of the vehicle being driven.
- CarBuddy will accept payments from the Passenger and hold such payments on behalf of the Passenger for one (1) week. CarBuddy
will collect payment from Passengers via a Direct Debit/Direct Credit (ACH) Bank Transfers.
- CarBuddy will pay the Driver for the ride share from the fees collected from the Passenger, less CarBuddy’s fee (as described
in Section 8(vii)).
- CarBuddy will adjust payments of behalf of the Passenger for any ride shares not taken by Passenger during any calendar
week, and will pay the Driver for the ride shares actually taken, less CarBuddy’s fee, returning the unused portion to the
Passenger.
- CarBuddy may send local traffic alerts to Drivers for those Drivers that elect to receive them.
- CarBuddy may provide Drivers and Passengers with suggested pick-up and drop-off locations through CarBuddy’s Partners.
- CarBuddy will allow Drivers and Passengers to remove unwanted individuals from their universe of potential matches and
keep those unwanted individuals on a restricted list.
- In the case of an emergency situation that arises for a Passenger, once a Passenger reaches his/her final ride share destination
(such as a work location), CarBuddy will arrange for a taxi/car service to pick-up the Passenger and take the Passenger
back to their initial ride share destination. CarBuddy will be pay the entire cost of the taxi/car service ride. Such taxi/car
service rides shall be limited to four (4) uses per year per Passenger and once per any ninety (90) day period.
- CarBuddy will, in its discretion and subject to availability, offer Drivers various discounts, incentives and services
such as discounts on gas and oil changes through CarBuddy’s Partners.
- In exchange for its Services, CarBuddy will deduct a fee in the amount of eight percent (8%) of the Base Fee payable to
the Driver from the Passenger ("CarBuddy’s Fee”). Passengers will be required to deposit in advance sufficient funds in
their CarBuddy accounts to cover both the Driver’s fee and CarBuddy’s fee. The Driver’s fee and CarBuddy’s fee will be held
by CarBuddy for one week on behalf of Drivers. If the ride shares are not cancelled prior to the agreed upon time and CarBuddy
is not notified, the Driver’s Fee and CarBuddy’s fee will be released one week following the time of the agreed ride share.
You are responsible for payment of all fees arising from your use of the Services and the Site. CarBuddy will have no responsibilities
to honor any terms related to any ride shares that are not properly reflected on the Site.
- Registration.
- To open a Driver or Passenger account, you must complete the registration process by providing CarBuddy with current,
complete and accurate information as prompted by the CarBuddy registration form. Should CarBuddy suspect that such information
is untrue, inaccurate, not current or incomplete, CarBuddy has the right to suspend or terminate your usage of the Site.
CarBuddy is entitled to rely on the information you provide and you will be responsible for updating this information to
maintain it as current.
- You must be at least eighteen years of age to become a Driver or Passenger with CarBuddy. You may not register more than
one account with CarBuddy at any time.
- If you elect to participate in CarBuddy’s Services you must provide us with information such as your location, schedule,
smoking preference, and conversational and musical preferences. Once you elect to use CarBuddy’s Services as a Driver you
must also provide CarBuddy with more specific information such as your car or truck’s make, model and color, your passenger
limit, your driver’s license number, certificate of insurance and authorization for CarBuddy to make direct deposits into
your account. Once you elect to use CarBuddy’s Services as a Passenger you must provide CarBuddy with your electronic money
transfer ("ACH”) information and authorization for CarBuddy to take fee related debits from your account.
- If you elect to use CarBuddy’s services as a Driver, you represent and warrant to CarBuddy as follows: (a) you have a
valid driver’s license from the State in which you reside; (b) you have never received a conviction for a charge of Driving
Under the Influence of Alcohol, Driving While Impaired or similar offense; (c) you have carefully read this Agreement (including
the applicable Privacy Policy and Supplements, if any); (d) you fully understand that this Agreement creates legally binding
obligations on your part; and (e) this Agreement has been duly and validly accepted, executed and delivered by you and constitutes
your legal, valid, and binding obligation, enforceable against you in accordance with its terms.
- As a user of CarBuddy’s Services, you will also need to select a CarBuddy name and password. Your CarBuddy name and password
will allow you to access and use the Site. Once you are an approved Driver, you agree to grant CarBuddy the right to periodically
re-validate your driver’s license and insurance. If your driver’s license, insurance or status has changed, you are required
to notify CarBuddy immediately.
- Once your profile information has been processed and approved, you will be able to access and manage your account, schedule
trips and may be able to communicate with other participants in the CarBuddy Services. In addition, your CarBuddy name may
be used to identify you to other members of CarBuddy. For this reason, we suggest that you select a CarBuddy name that does
not include any personally identifiable information.
- Keep your password in a secure place and do not allow any unauthorized persons to access the Services using your email
address, CarBuddy name or password. You are responsible for all activity that occurs under your password and/or email address.
You agree to immediately notify CarBuddy of any unauthorized use of your password or email address or any other security
breach.
- You agree that you are solely responsible for any and all tax obligations due to all taxing authorities arising from or
in connection with your participation in CarBuddy as a Driver.
- Account Information and Data.
- CarBuddy does not own any personal data or information that you submit to be used by CarBuddy to provide any Service ("Data”),
unless CarBuddy specifically tells you otherwise before you submit it. However, you acknowledge and agree that various individuals
and entities may have overlapping rights in and to your Data. As such, CarBuddy has and shall retain all rights, title and
interests, including all intellectual property rights, in and to all Data and related databases residing on CarBuddy’s servers,
including all of your Data which is stored in a form that is not identifiable as yours. CarBuddy may use and disclose your
Data in accordance with the Privacy Policy, referenced above.
- CarBuddy will not monitor, edit, or disclose any personally identifiable information regarding you or your account, including
any Data, without your prior permission except in accordance with this Agreement and the Privacy Policy. Please be aware
that CarBuddy may provide certain user registration and statistical information such as usage or user traffic patterns in
aggregate form to third parties, but such information will not include personal information identifiable as yours. CarBuddy
may access your account, including its Data, to respond to Service or technical problems or as stated in this Agreement.
- You, not CarBuddy, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness
and copyright of all Data and CarBuddy shall not be responsible or liable for the deletion, correction, destruction, damage,
loss or failure to store any Data, or for any actions or omissions which CarBuddy takes in reliance upon your Data.
- Third Party Sites and Materials.
- Please exercise discretion while browsing the Internet using the Site. You should be aware that when you are on the Site,
you could be directed to other sites that are beyond CarBuddy’s control. There may be links to other sites from these pages
that take you outside of CarBuddy’s Site. This includes links from advertisers and sponsors that may use CarBuddy’s logo(s)
as part of a co-branding agreement. These other sites may send their own cookies to CarBuddy’s users, collect data, solicit
personal information, or contain information that you may find inappropriate or offensive. In addition, advertisers on the
Site may send cookies to users that CarBuddy does not control. CarBuddy reserves the right to disable links from third party
sites to the Site at any time in its sole discretion.
- CarBuddy explicitly disclaims any responsibility for the accuracy, content, or availability of information found on sites
that link to or from the Site. CarBuddy has not taken any steps to confirm the accuracy or reliability of any of the information
contained in such third party sites or content. CarBuddy does not make any representations or warranties as to the security
of any information (including, without limitation, bank information and other personal information) you might be requested
to give any third party, and you hereby irrevocably waive any claim against CarBuddy with respect to such sites and third
party content. CarBuddy strongly encourages you to make whatever investigation you feel necessary or appropriate before
proceeding with any online or offline transaction with any of these third parties.
- Compliance with Laws; Prohibited Activities. You agree to abide by all applicable local, state, and federal
laws, regulations, statutes, rules and ordinances, in connection with your use of the Site. Without limiting the foregoing,
you shall not use the Site to: (a) send unsolicited or unauthorized advertising, promotional materials, junk mail, spam,
chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise;
(b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses; (c) transmit
or post unlawful, harassing, bigoted, racist, hateful, libelous, abusive, tortious, defamatory, threatening, harmful, invasive
of another’s privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors
in any way; (d) transmit or post any material that may infringe the intellectual property rights or other rights of third
parties, including trademark, trade secret, copyright or right of publicity; (e) transmit or post any material that contains
software viruses or other harmful or deleterious computer code, files or programs such as a Trojan horse, worms, time bombs
and cancelbots; (f) interfere with or disrupt servers or networks connected to the Site or violate the regulations, policies
or procedures of such networks; (g) attempt to gain unauthorized access to the Site or computer systems or networks connected
to the Site through password mining or any other means; or (h) harass or interfere with another CarBuddy user’s use and
enjoyment of the Site. In addition, you agree not to use any device, software, or routine, including but not limited to
any viruses, worms, time bombs, to interfere or attempt to interfere with the proper working of the Site or any Service,
or to intercept any system, data or personal information from the Site, nor will you take any action that imposes an unreasonable
or disproportionately large load on the Site’s infrastructure.
- Disclaimers.
- CarBuddy’s Services are intended to facilitate ride share arrangements for individual Drivers and Passengers. Neither
CarBuddy nor any other organizations or individuals that may promote CarBuddy or the Site, or refer you to CarBuddy or the
Site, sponsor, endorse or in any way control the Drivers or Passengers that participate in CarBuddy’s Services. Therefore,
an individual’s registration with CarBuddy or use of the Services should not in any way be construed as sponsorship, endorsement
or guaranty by CarBuddy of such individual as a Driver or Passenger, or otherwise. As such, you are solely responsible for
selecting the individuals with whom you travel. If you do not feel comfortable sharing a ride for any reason, you should
decline to do so. You acknowledge and agree that under no circumstances will CarBuddy, its affiliates, or any of their respective
shareholders, directors, employees, partners, members, managers, contractors, agents, successors and assigns have any responsibility,
liability or obligation with respect to your decision to enter into a ride share arrangement through this Site or Services.
- THE SITE IS PROVIDED TO YOU ON AN "AS IS” BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND OR NATURE. YOU ACKNOWLEDGE
THAT: THE SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS; THE SITE MAY BECOME INOPERABLE
OR OTHERWISE UNAVAILABLE FOR PERIODS OF TIME; MATERIALS AND/OR SERVICES AT THE SITE MAY BE OR BECOME OUT OF DATE AND CARBUDDY
MAKES NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES. CARBUDDY ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN
THE INFORMATION, DOCUMENTS, SOFTWARE, MATERIALS AND/OR SERVICES WHICH ARE REFERENCED BY OR LINKED TO THIS SITE OR THAT THE
SITE WILL NOT CONTAIN OR INTRODUCE VIRUSES OR OTHER HARMFUL ELEMENTS TO YOUR COMPUTER. TO THE FULLEST EXTENT PERMITTED BY
APPLICABLE LAW, CARBUDDY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY AND FITNESS
FOR A PARTICULAR PURPOSE. Some jurisdictions do not allow the exclusion of implied warranties such that the above exclusion
may not apply to you. This warranty gives you specific legal rights, and you may also have other rights that vary from jurisdiction
to jurisdiction.
- YOUR DECISION TO RIDE SHARE BY USE OF THE CARBUDDY SITE IS AT YOUR SOLE RISK. NEITHER CARBUDDY, ITS AFFILIATES NOR ANY
OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS, SUCCESSORS AND
ASSIGNS MAKE ANY WARRANTIES OR REPRESENTATIONS AS TO THE QUALITY, SAFETY, SECURITY, RELIABILITY OR TIMELINESS OF ANY RIDE
SHARE ARRANGEMENTS OR TRIPS YOU MAY TAKE OR TRANSPORTATION YOU MAY USE, AND ASSUMES NO LIABILITY OR RESPONSIBILITY THEREFORE.
- NONE OF THE INFORMATION MADE AVAILABLE THROUGH THE SERVICES SHOULD BE INTERPRETED AS TRANSPORTATION ADVICE OR AS AN ENDORSEMENT
OF ANY MEANS OF TRANSPORTATION OR OF ANY INDIVIDUAL THAT UTILIZES THE SITE OR SERVICES. YOU BEAR SOLE RESPONSIBILITY FOR
ALL DECISIONS AND RESULTS BASED ON YOUR USE OR RELIANCE ON SUCH INFORMATION.
- Covenants Not To Sue; Release; Indemnification.
- In your use of the Site, you may enter into correspondence with, purchase goods or services from, or participate in promotions
of, advertisers, sponsors or other third parties showing their products and/or services through the Site. Any such activity,
and any terms, conditions, warranties or representations associated with such activity, are solely between you and the applicable
advertiser, sponsor or other third party. CarBuddy shall have no liability, obligation or responsibility for any such correspondence,
transaction, exchange, purchase, sale, promotion or other activity conducted between you and any advertisers, sponsors or
other third parties. In the event that you have a dispute with, or suffer any harm or injury caused by, one or more such
advertisers, sponsors or other third parties, you acknowledge that your sole and exclusive remedies are against such advertisers,
sponsors or other third parties. You expressly covenant not to sue or otherwise assert any claim against CarBuddy, its affiliates,
or any of their respective shareholders, directors, employees, partners, members, managers, contractors, agents, successors
and assigns in connection with such disputes, harm or injury.
- In your use of the Site, you may enter into correspondence with, and enter into ride share arrangements with, Drivers,
Passengers and/or other users of the Site. Any such activity, and any terms, conditions, warranties or representations associated
with such activity, are solely between you and the applicable Driver, Passenger and/or other user of the Site. CarBuddy
shall have no liability, obligation or responsibility for any such correspondence, ride share arrangement or other activity
conducted between you and any Drivers, Passengers and/or other users of the Site. In the event that you have a dispute with,
or suffer any harm or injury caused by, one or more such Drivers, Passengers and/or other users of the Site, including,
without limitation, any personal injury or property damage, you acknowledge that your sole and exclusive remedies are against
such Drivers, Passengers and/or other users of the Site. You expressly covenant not to sue or otherwise assert any claim
against CarBuddy, its affiliates, or any of their respective shareholders, directors, employees, partners, members, managers,
contractors, agents, successors and assigns in connection with such disputes, harm or injury.
- You hereby knowingly and voluntarily release and forever discharge CarBuddy, its affiliates, and their respective shareholders,
directors, employees, partners, members, managers, contractors, agents, successors and assigns (collectively, "Releasees”)
from any and all claims, liabilities, obligations, actions, causes of action, suits, debts, covenants, controversies, damages,
judgments and demands whatsoever in law, equity or any kind, type, or description, whether known or unknown, disputed or
undisputed, accrued or unaccrued, liquidated or contingent, foreseen or unforeseen, asserted or unasserted, related to or
arising out of any dispute with, any harm or injury (including, without limitation, personal injury or damage to property)
caused by, or any other act or failure to act by, any Drivers, Passengers, advertisers, sponsors, other users of the Site
and/or any other third parties.
- You agree to indemnify, defend and hold harmless all Releasees from and against any and all claims, actions, demands,
liabilities, losses, damages, penalties, interest, judgments, settlements, costs and expenses (including reasonable attorneys'
fees) that relate to, arise out of or are based upon: (a) any misrepresentation or breach of any warranty, covenant or agreement
made by you related to this Agreement; or (b) any violation by you of any law, regulation or rule. CarBuddy reserves the
right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification
by you, but doing so shall not excuse your indemnity obligations. CarBuddy shall have the right to participate in the defense
of all claims as to which it does not assume defense and control, and you shall not settle any such claim without CarBuddy's
prior written consent. You also agree to indemnify CarBuddy for any reasonable legal fees or other costs incurred by CarBuddy,
acting reasonably, in investigating or enforcing its rights under this Agreement.
- LIMITATION OF LIABILITY. REGARDLESS OF THE FORM OF ACTION OR THEORY OF RECOVERY, IN NO EVENT SHALL CARBUDDY, ITS
AFFILIATES OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, DIRECTORS, EMPLOYEES, PARTNERS, MEMBERS, MANAGERS, CONTRACTORS, AGENTS,
SUCCESSORS AND ASSIGNS BE LIABLE OR RESPONSIBLE TO YOU IN CONNECTION WITH THE SITE, ANY RIDE SHARE ARRANGEMENT AND/OR YOUR
USE OF THE SERVICE, FOR ANY (A) INDIRECT, CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES, EVEN IF THEY
ARE AWARE OF THE POSSIBILITY OF SUCH DAMAGES; OR (B) DIRECT DAMAGES IN AN AMOUNT GREATER THAN FIVE THOUSAND DOLLARS ($5,000
USD). ANY CLAIM RELATED TO THE SITE MUST BE INITIATED WITHIN ONE (1) YEAR OF THE DATE YOU KNEW, OR REASONABLY SHOULD HAVE
KNOWN, OF THE EXISTENCE OF SUCH CLAIM.
- Termination. This Agreement, and your right to access and use the Site, are effective until terminated
by either you or CarBuddy. Either you or CarBuddy, by giving the other party notice, may, at any time and with or without
your cause, terminate this Agreement and/or your access to or use of the Site or Services. Upon any termination of this
Agreement, you shall no longer be entitled to use the Site or Services and all licenses and rights granted to you hereunder
shall terminate. Any provision of this Agreement that imposes or contemplates continuing obligations on or of a party will
survive any expiration or termination of this Agreement, including, without limitation, all provisions of this Agreement
relating to ownership, limitations of liability, indemnification and disclaimers of warranty.
- Notice and Procedure for Making Claims of Copyright Infringement.
- Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement must be submitted
to the following CarBuddy Designated Agent:
Business Filings Incorporated
30600 Telegraph Rd.
Bingham Farms, MI 48025
- To be effective, the notification must be a written communication that includes the following.
- A physical or electronic signature of 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 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 the service provider
to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address,
telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has 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 the complaining party
is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
- CarBuddy may give notice to CarBuddy’s users by means of a general notice on this Site, electronic mail to a user's e-mail
address on CarBuddy’s records, or by written communication sent by first-class mail to a user's address on CarBuddy’s records.
- Miscellaneous.
- The relationship between you and CarBuddy is that of independent contractor. No joint venture, partnership, employment,
or agency relationship exists between you and CarBuddy as a result of this Agreement or your access to the Site. Neither
party has the authority to create any obligations for the other, or to bind the other to any representation, statement or
document.
- CarBuddy shall not be liable to you by reason of any failure or delay in the performance of its obligations hereunder
on account of strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, governmental action,
labor conditions, earthquakes, interruptions in telecommunications services or Internet access, or any other cause which
is beyond the reasonable control of CarBuddy, whether or not similar to the foregoing.
- Neither the rights nor the obligations arising under this Agreement are assignable or transferable by you, and any such
attempted assignment or transfer shall be void and without effect. CarBuddy may assign this Agreement without restriction.
- If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such
provision shall be modified to the extent necessary to be valid and enforceable, and all other provisions of this Agreement
shall remain in full force and effect.
- In order to ensure consistency in the interpretation and enforcement of this Agreement and CarBuddy’s rights in the Site,
this Agreement will be governed exclusively by Michigan law and controlling United States federal law, without regard to
the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation arising between you
and CarBuddy related, in any way, to the Site and/or this Agreement, and/or any and all disputes, actions, claims, or causes
of action related thereto, shall be initiated and maintained only in the U.S. District Court for the Eastern District of
Michigan, Southern Division, and/or the Circuit Court of the County of Washtenaw, Michigan. You expressly consent and irrevocably
submit to the exclusive personal jurisdiction and venue of such courts.
- Each party waives, to the fullest extent permitted by applicable law, any right it may have to a trial by jury in respect
of any action, suit or proceeding arising out of this Agreement.
- This Agreement is the entire agreement between the parties pertaining to its respective subject matter, and all written
or oral agreements, representations, warranties or covenants, if any, previously existing between the parties with respect
to such subject matter are canceled. The statements made by CarBuddy on any of the Site or otherwise than in an express
provision of this Agreement are not representations or warranties and do not create contractual obligations.
- The failure of CarBuddy to enforce any right or provision in this Agreement shall not constitute a waiver of such right
or provision unless acknowledged and agreed to by CarBuddy in writing. No waiver shall be implied from a failure of either
party to exercise a right or remedy. In addition, no waiver of a party’s right or remedy will affect the other provisions
of this Agreement.
- Unless otherwise expressly stated in this Agreement, all remedies available under or with respect to this Agreement (including
any right to terminate this Agreement granted in this Agreement) are cumulative and in addition to all other remedies, if
any, available at law or in equity. The exercise of any right to terminate this Agreement or suspend access or service granted
a party in this Agreement shall not result in a breach of this Agreement by such party, and neither the exercise of such
right nor any consequence thereof shall give rise to or be the basis for any claim by or liability to the other party, whether
in contract, tort or otherwise, even if the terminating party was informed or aware of, or otherwise could have anticipated
the possibility of, such consequence.