1. ConViniCar as a Platform Provider
ConViniCar operates as a marketplace connecting vendors (“Vendors”) with users in need of automotive repair, towing, rental, and or transportation (“Users”). ConViniCar is not a party to any agreement or contract that results from a connection made on or through the Platform (each, a “Vendor Service”). The parties to any Vendor Service are solely responsible for verifying that the Vendor Service is executed and performed in accordance with all applicable laws and regulations. You expressly agree that ConViniCar has no obligations under any Vendor Service provided and shall not be included as a party in any dispute related to a Vendor Service. Vendors and Users shall be required to indemnify ConViniCar as provided in Section 11D of this Agreement in the event ConViniCar gets named as a party in any suit related to a Vendor Service, including without limitation, any allegation that entering into or the performance of a Vendor Service breaches any third-party contractual agreement.
ConViniCar makes no representations or endorsements regarding any User, Vendor, service request, posting, or opportunity posted on or through the Platform. ConViniCar expressly disclaims any liability, including personal injury or death, that results from any offer posted on the Platform. ConViniCar will not be liable for any damages or losses that occur as a result of your use of the Platform.
PLEASE REVIEW THE DISPUTE RESOLUTION PROVISION SET FORTH BELOW CAREFULLY. YOU ARE REQUIRED TO RESOLVE DISPUTES WITH CONVINICAR ON AN INDIVIDUAL BASIS THROUGH FINAL AND BINDING ARBITRATION. BY ENTERING INTO THESE TERMS, YOU EXPRESSLY ACKNOWELDGE AND AGREE THAT YOU HAVE READ AND UNDERSTAND THE TERMS OF THE AGREEMENT AND THE CONSEQUENCES THEREOF.
2. Basic Terms
You are responsible for your use of the Platform and for any consequences thereof. You may use the Platform only if you can form a binding contract with ConViniCar and are not a person barred from accessing the Platform under the laws of the United States or other applicable jurisdiction. If you are under 18 years of age you may not use or access the Platform for any reason. Please contact us if you are aware that a person under 18 is using the Platform. You may use the Platform only in compliance with these Terms and all applicable local, state, national, and international laws, rules and regulations.
The Platform is always evolving and the form and nature of the Platform may change from time to time without prior notice to you. In addition, ConViniCar may stop (permanently or temporarily) providing the Platform (or any features within the Platform) to you or to users generally and may not be able to provide you with prior notice. We also retain the right to create limits on use and storage at our sole discretion at any time without prior notice to you.
The Platform may include advertisements, which may be targeted to the content or information on the Platform, queries made through the Platform, or other information. The types and extent of advertising on the Platform are subject to change. In consideration for ConViniCar granting you access to and use of the Platform, you agree that ConViniCar, third party providers and partners may place such advertising on the Platform or in connection with the display of content or information from the Platform whether submitted by you or others.
You are responsible for safeguarding the password or credentials that you use to access the Platform and for any activities or actions under your account. We encourage you to use “strong” passwords (passwords that use a combination of upper and lower case letters, numbers and symbols) with your account and with other accounts that you may connect to your ConViniCar account. ConViniCar cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You agree to notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or a name or trademark that is subject to any rights of another person without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
5. Content on the Platform
Please be aware that ConViniCar does not verify the accuracy any information available on the Platform. Any use or reliance on any information you obtained through the Platform is at your own risk. You understand that by using the Platform, you may be exposed to content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. Under no circumstances will ConViniCar be liable in any way for any content posted, emailed, transmitted or otherwise made available via the Platform or broadcast elsewhere.
6. ConViniCar Rights
All right, title, and interest in and to the Platform and any content available on the Platform are and will remain the exclusive property of ConViniCar and its licensors. The Platform and its content are protected by copyright, trademark, and other laws of both the United States and foreign countries. ConViniCar reserves all rights not expressly granted in these Terms. You acknowledge and agree that any feedback, comments, or suggestions you may provide regarding ConViniCar, or the Platform are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
7. Restrictions on Use of The Platform
We reserve the right at all times (but will not have an obligation) to suspend and or terminate Users or reclaim usernames without liability to you.
You may not do any of the following while accessing or using the Platform: (i) access, tamper with, or use non-public areas of the Platform, ConViniCar’s computer systems, or the technical delivery systems of ConViniCar providers; (ii) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures; (iii) access or search or attempt to access or search the Platform by any means (automated or otherwise) other than through our currently available, published interfaces that are provided by ConViniCar (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with ConViniCar (NOTE: scraping the Platform without the prior consent of ConViniCar is expressly prohibited); (iv) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Platform to send altered, deceptive or false source-identifying information; or (v) interfere with, or disrupt, (or attempt to do so), the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, mail-bombing the Platform, or by scripting the creation of content in such a manner as to interfere with or create an undue burden on the Platform .
8. Prohibited Activities
You may not use the Platform to post or link to any products or services that: (i) infringe any third-party intellectual property rights (including copyright, trademark, patent and trademark secrets) or other proprietary rights (including rights of publicity or privacy); (ii) constitute libel or slander or are otherwise defamatory; or (iii) are counterfeited, illegal, stolen, or fraudulent. If ConViniCar discovers that any information or content provided by you is inaccurate, false, or misleading we reserve the right to immediately remove such information or content at our sole discretion.
9. Ending These Terms
The Terms will continue to apply until terminated by either you or ConViniCar as follows.
You may end your legal agreement with ConViniCar at any time for any reason by deactivating your accounts and discontinuing your use of the Platform. In order to deactivate your account, please contact us at 614.206.3606.
We may suspend or terminate your accounts or cease providing you with all or part of the Platform at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Platform to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or through the Platform the next time you attempt to access your account.
In all such cases, the Terms shall terminate, including, without limitation, your license to use the Platform, except those Sections you would expect to survive termination.
Nothing in this section shall affect ConViniCar rights to change, limit or stop the provision of the Platform without prior notice, as provided above.
10. Disclaimers, Limitations of Liability and Indemnity
Please read this section carefully since it limits the liability of ConViniCar and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “ConViniCar Entities”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result the contents of this section may not apply to you. Nothing in this section is intended to limit any rights you may have which may not be lawfully limited.
A. The Platform is Available “AS-IS”
Your access to and use of the Platform are at your own risk. You understand and agree that the Platform are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, THE CONVINICAR ENTITIES DISCLAIM ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
THE CONVINICAR ENTITIES MAKE NO WARRANTY AND DISCLAIM ALL RESPONSIBILITY AND LIABILITY FOR: (I) ANY ACTIONS OF CONVINICAR USERS OR VENDORS; (II) THE COMPLETENESS, ACCURACY, AVAILABILITY, TIMELINESS, SECURITY OR RELIABILITY OF THE PLATFORM; (III) ANY HARM TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM THAT RESULTS FROM YOUR ACCESS TO OR USE OF THE PLATFORM; (IV) THE DELETION OF, OR THE FAILURE TO STORE OR TO TRANSMIT, ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED BY THE PLATFORM; (V) WHETHER THE PLATFORM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (VI) WHETHER THE PLATFORM WILL BE ACCESSIBLE TO USERS IN ALL AREAS A USER IS LOCATED ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS; (VII) ANY ADVICE, VENDOR SERVICES, OR INFORMATION YOU RECEIVE THROUGH THE PLATFORM; AND (VIII) ANY INJURIES OR HARM YOU OR A THIRD PARTY INCURS AS A RESULT OF INFORMATION, VENDOR SERVICES, OR ADVICE RECEIVED THROUGH THE PLATFORM . NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE CONVINICAR ENTITIES OR THROUGH THE PLATFORM, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
The Platform may contain links to third-party services or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such services or resources; or (ii) the content, products, or services on or available from such services or resources. Links to such services or resources do not imply any endorsement by the ConViniCar Entities of such services or resources or the content, products, or services available from such services or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such services or resources.
C. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE CONVINICAR ENTITIES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE PLATFORM; (ii) ANY ADVICE OR COMMUNICATION BETWEEN THE USER AND VENDOR RELATED TO THE VENDOR SERVICES; (iii) ANY ADVICE OBTAINED FROM THE PLATFORM; OR (iv) ANY ACTION OR INACTION BY A USER OR VENDOR.
IN NO EVENT SHALL THE AGGREGATE LIABILITY OF THE CONVINICAR ENTITIES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID SHORT NAME, IF ANY, IN THE PAST SIX MONTHS FOR ACCESS TO THE PLATFORM GIVING RISE TO THE CLAIM.
THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT THE CONVINICAR ENTITIES HAVE BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
To the extent not prohibited by law, you expressly agree to indemnify and hold harmless the ConViniCar Entities from and against any and all liabilities, expenses, damages and costs, including, but not limited to, reasonable attorneys’ fees and costs, related to all third party claims, charges and investigations related to (1) your failure to comply with the Terms; (2) your interactions with any other ConViniCar User or Vendors; and (3) any activity in which you engage on or through the Platform.
11. GENERAL TERMS. Waiver and Severability
A. Waiver and Severability
The failure of ConViniCar to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect.
B. Controlling Law and Jurisdiction
These Terms and any action related thereto will be governed by the laws of the State of Ohio without regard to or application of its conflict of law provisions or your state or country of residence. All claims, legal proceedings or litigation arising in connection with the Platform will be brought solely in the federal or state courts located in Franklin County, Ohio, United States, and you consent to the jurisdiction of and venue in such courts and waive any objection as to inconvenient forum. You agree that you may only bring claims against ConViniCar related to your use of the Platform on an individual basis and not as a plaintiff or class member in any purported class or representative action or proceeding.
C. Entire Agreement
D. Revisions to Terms
ConViniCar reserves the right to change or modify these terms, in whole or in part, at any time in its sole discretion by posting an updated copy of these terms to the Platform and any changes or modifications will be effective immediately upon posting. If the revision, in our sole discretion, is material we will notify you via email to the email associated with your account or through the Platform. Notwithstanding the foregoing, you waive any right you may have to receive specific notice of such changes or modifications to these terms. Continued use of the Platform following any such changes confirms your acceptance of the changes. If you do not agree to any changes to these terms, you must stop accessing and using the site, and end these terms pursuant to section 11 above. By continuing to access or use the Platform after those revisions become effective, you agree to be bound by the revised Terms.
If you have any questions about these Terms, please contact us at 614.206.3606.