CarMD Terms of Use & End User License Agreement
CarMD, LLC
(Effective April 2025)
NOTICE OF MANDATORY ARBITRATION PROVISION:
Your use of our Application and Website (as defined below) is subject to mandatory and binding individual arbitration of any disputes which may arise, as provided in the Section below titled “DISPUTES & MANDATORY ARBITRATION.” Please read all of that section carefully and du not use the Application or Website if you are unwilling to arbitrate all disputes you may have with us in that sections.
As used in this CarMD Application End User License Agreement (“Agreement”), “Company” and “CarMD” mean CarMD, LLC, together with its Affiliates (as used in this EULA, “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all other parties involved in creating, producing, and/or delivering the services) (collectively referred to as “Company”), and “you” and “your” means the anyone that downloads, installs, or uses an Application provided, directly or indirectly, by Company (“Application”) or uses its website at www.carmd.com (“Website”).
THIS AGREEMENT GOVERNS YOUR USE OF THE APPLICATION AND WEBSITE, AS WELL AS ANY SERVICES, FUNCTIONS, AND CONTENT PROVIDED THROUGH THE APPLICATION AND WEBSITE (THE “SERVICES”). SUCH SERVICES MAY BE PROVIDED BY COMPANY, AS WELL AS COMPANY’S LICENSORS OR SERVICE PROVIDERS (TOGETHER, “SERVICE PROVIDERS”)
PLEASE READ THIS ENTIRE AGREEMENT CAREFULLY BEFORE DOWNLOADING OR USING THE APPLICATION OR USING THE WEBSITE OR ANY COMPANY SERVICES. ANY USE OF THE APPLICATION, WEBSITE OR SERVICES, WHETHER AS ORIGINALLY INSTALLED OR AFTER AN UPDATE, SIGNIFIES YOUR CONSENT TO THIS AGREEMENT. THIS AGREEMENT MAY CHANGE FROM TIME TO TIME AS SET FORTH IN THE SECTIONS BELOW TITLED “TERMINATION” AND “MODIFICATIONS, INTERRUPTION OR DISCONTINUATION. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT, DO NOT DOWNLOAD OR USE, OR CEASE USE OF, THE APPLICATION, WEBSITE AND SERVICES.
1. End User License Agreement
This is an End User License Agreement (EULA) between you and Company for your use of the Service, including the Application and/or Website, executable code, associated media, reports, upgrades, updates, patches, plug-ins, supplemental applications, printed materials, files, data, documentation, Company created skins, software updates, web services and associated data and other information provided to you or made available to you as part of the Service or through the Website (referred to collectively as the “Content”).
If you do not agree to the terms of this EULA, Company is unwilling to license the use of the Service, the Application, the Website or the Content to you. In that event, you may not use any of the Websites or install, copy, download or otherwise use the Application, the Content or the Service.
BY INSTALLING THE APPLICATION OR USING THE WEBSITE, COMPLETING THE END-USER REGISTRATION PROCESS, OR USING THE SERVICE, YOU: (1) REPRESENT THAT YOU ARE 18 YEARS OLD OR OLDER; (2) AGREE TO BE BOUND IMMEDIATELY BY THE TERMS AND CONDITIONS OF THIS EULA; AND (3) CONSENT TO OUR COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION BY COMPANY AS DESCRIBED IN THE “CarMD APP PRIVACY POLICY” PROVIDED BELOW AND AVAILABLE AT HERE (THE “PRIVACY POLICY”). IF YOU ARE NOT 18 YEARS OLD OR OLDER, OR YOU DO NOT WANT TO BE BOUND BY THE TERMS OF THIS EULA, OR, YOU DO NOT CONSENT TO THE ACTIVITIES DESCRIBED IN THE PRIVACY POLICY, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON OR INSTALL, COPY, DOWNLOAD, ACCESS, OR USE THE CONTENT OR SERVICES, AND YOU MUST IMMEDIATELY EXIT THE SITE AND UNINSTALL THE APPLICATION. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, THE APPLICATION OR THE CONTENT, YOUR SOLE REMEDY IS TO STOP USING THE SERVICE, THE APPLICATION, WEBSITE AND ANY CONTENT.
2. Service Description
Company is a data solutions company offering an Application and Website which provide a variety of proprietary services, including vehicle location sharing, trip logging and tracking, and vehicle management, operation and repair to benefit the vehicle operator or other end business user. The Company’s vehicle diagnostic service offers automotive aftermarket vehicle information and portal services to provide advice and expertise to manage aspects of vehicle ownership and operation, including:
- Vehicle Diagnostics
- Vehicle Maintenance
- TSB’s and Recalls
- Most Likely Fix for indicated vehicle conditions
- Part Identification/Purchase
- Predicted Future Failures
The Services and Content made available through the Application and Website are meant to provide you with a method to share the location of your vehicle with other users, log and track your trips, and provide you with a basic overview of maintenance and service-related vehicle issues, including probable causes related to electronic and emissions-related systems in your vehicle. Vehicle specific probable cause(s), probable fix(es) and predicted failures are based on years of historical data compiled by ASE Certified Master Technicians. They may be organized from most probable to least probable. Required parts useful to implement needed repairs to your specific vehicle maybe identified by universal part numbers and enable linking to aftermarket parts/service providers to enable e-commerce transactions for the purchase of needed parts and any required repair/installation services. Cost estimates associated with the repair/installation service generally do not include the diagnostic time, which will vary from one repair shop to another.
3. Restrictions on Use.
Company provides access to vehicle locating sharing, trip logging and tracking, and real-life vehicle repairs and “check engine” data as well as certain other proprietary information and technology. You acknowledge and agree that if you have a separate agreement or agreements with Company relating to your purchase and use of a device, that this EULA does not modify or amend any such device related agreement.
It is not recommended that you fail to make any repairs, nor avoid service recommended by a qualified technician, solely because of something you read on the Application or Website. The Services should be used as a supplement to a regular automotive maintenance program, which also includes basic mechanical upkeep such as regularly checking your tire pressure, brake pads, belts, oil, fluids, etc.
Company may provide you with links to third-party cost consolidators of vehicle repair and/or maintenance information. Company does not warrant the work of any third-party repair providers and/or the costs of any such repair and/or maintenance. The Services may provide a comparison of the costs of vehicle repairs and/or maintenance in your area and Company assumes no liability for any advice, diagnosis or repair by any of these third-party cost consolidators or repair providers.
Company prohibits you from uploading any inappropriate images on the Application and/or Website as a profile picture, vehicle picture or crew picture. Any images uploaded to the Application or Website become public will be visible by all other users of the Application and/or Website. Company also prohibits you from using any inappropriate username, nickname, or vehicle name on the Application and/or Website. The use of any inappropriate images or names or nicknames is a violation of this EULA and may result in your termination. Any misuse of the chat function of the Application and/or Website is also a violation of this EULA and may result in your termination. Company prohibits the use of the Application and/or Website to stalk another user on the Application and/or Website. Any stalking activity on the Application and/or Website will result in your immediate termination.
Company may provide a location for you to conduct a vehicle diagnostic scan. Company is not liable for any negative interactions at any such location, nor for any recommendations, advice, customer support, labor, or products provided or sold by at that location. You expressly assume all liability for any and all interactions with any AutoZone location.
Company may provide you with a location to have your vehicle serviced or repaired. Company is not liable for any negative interactions at any such location, nor for any recommendations, advice, customer support, labor, or products provided or sold by any representative of that location. You expressly assume all liability for any and all interactions with any such location.
You are expressly prohibited from driving while using the CarMD Application and/or the Website. If you have an automotive emergency, safely pull to the side of the road and call a qualified roadside maintenance service.
You are expressly prohibited from misusing any “Report a User” function. Any misuse of this function will result in your termination.
In using the Application and/or Website, you expressly represent and covenant that you are the registered owner of the vehicle(s) submitted under your profile, or that you have the express authorization of the registered owner(s) of the vehicle(s) to sign up the vehicle(s) on the Application and use the Services. You assume all liability and obligations for any violation of this provision and will indemnify the Company for any claimed losses, damages, attorneys’ fees, costs and/or lawsuits or claims brought by any third party relating to your violation of this provision.
Company utilizes artificial intelligence (“AI”) to provide some of the Content and Services provided on the Application and/or Website. Company is not responsible for any negative interactions with AI on its Application and/or Website. You assume all liability for any and all interactions with AI on the Application and/or Website and Company strongly encourages you to independently verify any advice or information provided by AI.
All Content on the Application and Website is for informational purposes only. The Content is not intended to be a substitute for advice, diagnosis or repair by a qualified professional technician. Always seek the advice of your personal mechanic, dealership or an ASE Certified automotive technician with any questions you may have regarding vehicle maintenance or concerns.
4. License Grant.
Subject to your consent to and compliance with the terms and conditions of this EULA, and the terms and conditions associated with your non-commercial use of the Services, Company grants you a limited, non-exclusive, and nontransferable license to access the Website and to use the Services, the Application, the Website and the Content, as defined below. A single registered copy of the Application may be installed on a single mobile device or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials with any third party.:
Unless separately identified, Company’s Applications, Websites, Content and Services are hereafter collectively referred to as the “Solutions.”
5. Contractors.
If you are an employee or contractor of a Service Provider that has an agreement with Company or cost consolidator to provide certain services to Company or an end user of the CarMD App, you may use the Solutions in connection with providing such services subject to the following terms: (a) your use of the Solutions is strictly limited to activities that are in furtherance of the services the applicable Service Provider is providing to Company or an end user of the CarMD App. All other uses of the Solutions is strictly prohibited; (b) nothing in this Agreement overrides, modifies, or otherwise affects any agreements between the Company and the applicable Service Providers; and (c) all terms, conditions, and provisions of such agreements remain in full force and effect; (d) you agree to comply with any relevant terms in your agreement with the applicable Service Provider relating to the use of the Solutions; provided, in the event of any conflict between the terms of any such agreement and this Agreement, as between you and Company, the terms of this Agreement shall prevail.
6. License Restrictions.
The Solutions are provided for your personal, non-commercial use only. You acknowledge that Company reserves the right to discontinue the Solutions, in whole or in part, at any time. When using the Solutions, you agree to comply with the terms of this EULA, as well as all applicable federal, state, and local laws including, without limitation, copyright law. Except as expressly permitted in this Agreement, by applicable law (notwithstanding the limitations below), or as Company or an applicable Service Provider may expressly otherwise permit, you shall not:
(a) copy the Solutions;
(b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the Solutions;
(c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the Solutions, or any part thereof;
(d) derive the source code, underlying ideas, algorithms, structure or organization of the Solutions;
(e) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in any of the Solutions (except to the extent applicable laws specifically prohibit such restriction), or retrieve, compile, or mine data associated with the Solutions which is not presented to you as End User during the normal course of operation and use of the Solutions;
(f) attempt to access or use the premium features of the Solutions if you have not paid any applicable fees, or by any manner or method other than using the license key provided by Company;
(g) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Solutions, including any copy thereof;
(h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Solutions. The Company produced skins that are provided with the Service may only be used with the Solutions and may not be used with any other software or any other third-party device or service.
(i) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the Solutions, or any features or functionality of the Solutions, to any third party for any reason, including by making the Solutions available on a network where it is capable of being accessed by more than one device at any time;
(j) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the Solutions; or
(k) use the Solutions for any unlawful purpose, or in violation of any third-party rights.
7. Restriction of Mobile Device Usage.
You agree to use the Solutions on any mobile device, and any vehicle in which the Solutions is installed or used in accordance with all applicable federal, state and local laws. You are strictly responsible for knowing and understanding the relevant federal, state and local laws that apply to your personal use of the Solutions, and any associated mobile device.
8. Term and Termination.
The term of Agreement commences when you download the Application, use the Application or any other part of the Solutions, or otherwise acknowledge your acceptance, and will continue in effect until terminated by you or Company as set forth in this Section.
(a) You may terminate this Agreement by: (i) if installed on a Device you own or control deleting the Application and all copies from your Device; or (ii) if the Device has been provided to you by Company or a Service Provider, ceasing all uses of and returning the Device.
(b) Company may terminate this Agreement at any time without notice if it ceases to support the Application, which Company may do in its sole discretion. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
(c) Upon termination for whatever reason: (i) all rights granted to you under this Agreement will also terminate; and (ii) you must cease all use of the Solutions and either delete all copies of the Application from your Mobile Device or, if the Device has been provided to you by Company or a Services Provider, returning the Device.
(d) Termination will not limit any of Company’s rights or remedies at law or in equity.
If you breach this EULA or any other rule, guideline, law or agreement applicable to your use of the Solutions, your right to use the Solutions shall terminate immediately and without notice. The respective rights, restrictions and obligations of Company and you under the provisions of Sections 3 ("Restrictions on Use"), 7 (“Restrictions of Mobile Device Usage”), 8 ("Termination"), 9 ("Proprietary Rights"), 10 ("Indemnification"), 18 (“Disclaimer of Warranty”), 19 ("Limitation of Liability"), 20 (“Release/Waiver of Claims”), 21 (Dispute Resolution & Mandatory Arbitration) and 26 ("Miscellaneous") shall survive expiration or termination of this EULA and you agree to continue to be bound by those terms. Upon termination, you shall no longer accesses the Content or otherwise use the Service or the App.
9. Proprietary Rights.
Title, ownership rights, and intellectual property rights in the Solutions, including any derivative thereof, shall remain exclusively with Company. You acknowledge Company’s ownership of such intellectual property rights, and you agree that you will not take any action to challenge, jeopardize, limit or interfere in any manner with Company’s ownership of any intellectual property rights associated with respect to the Solutions. The Solutions are protected by patents, copyrights and/or other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Solutions are owned by Company, and no license to use any such trademark is provided hereunder, except as specifically provided herein. You agree that Company may use in any manner and without limitation all comments, suggestions, complaints and other feedback you may provide relating to the Solutions.
10. Indemnification.
You agree to indemnify, hold harmless, and at Company’s request, to defend Company from any and all costs, damages and reasonable attorneys' fees arising from any breach by you of this EULA, and any claim that your use of the Solutions has injured or otherwise violated any law or any right of any third party.
11. Reservation of Rights.
You acknowledge and agree that the Solutions are provided under license, and not sold, to you. You do not acquire any ownership interest in the Solutions under this Agreement, or any other rights thereto other than to use the Solutions in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. Company and its Service Providers reserve and shall retain their entire right, title, and interest in and to the Solutions, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
12. Privacy; Collection and Use of Your Information.
You acknowledge that when you download, install, or use the Solutions, Company may use automatic means (including, for example, cookies and web beacons) to collect information about the Device and about your use of the Solutions. You also may be required to provide certain information about yourself as a condition to downloading, installing, or using the Solutions, and the Application may provide you with opportunities to share information about yourself with others. All information we collect through or in connection with each Solution is subject to and governed by the terms of the Privacy Policy, typically posted in the Solution (“Privacy Notice”). By downloading, installing, using, and providing information to or through the Solutions, you consent to all actions taken by us with respect to your information in compliance with the Privacy Notice.
13. Additional Terms.
Use of the Solutions is subject to such other applicable terms and restrictions provided or made available to you by Company or its Service Providers (“Additional Terms”). Additional Terms include the applicable Privacy Notice and, consistent with Section 2 above, any agreement between you and a Service Provider related to the use of the Solutions. In the event of a conflict between the terms in this Agreement and any Additional Terms, the Additional Terms shall govern to the extent of the conflict.
Patents owned by CarMD or its Affiliates, which may be used in connection with the Service are listed at www.CarMD.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent, copyright, trademark or confidential information of CarMD or any of its Affiliates.
14. Updates.
Company may from time to time in its sole discretion develop and provide Application updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. When the Device is connected to the internet and depending on your Mobile Device settings:
(a) the Application will automatically download and install all available Updates; or
(b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the Application or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the Application and be subject to all terms and conditions of this Agreement.
15. Service Content.
The Solutions may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party platforms or services, including through third-party advertising (collectively, “Service Content”). You acknowledge and agree that neither Company nor any Service Provider is responsible for Service Content, including the accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. Company and Service Providers do not assume and will not have any liability or responsibility to you or any other person or entity for any Service Content.
16. Availability & Interruptions.
The availability and use of certain Solutions is subject to a compatible Device and the Device within the range of the wireless network (“Wireless Network”). Further, the Solutions are intended to operate only within the continental United States, Alaska, or Hawaii. Neither Company nor any Service Provider guarantees that the Solutions, or any portion thereof will be available at all times or in all areas. You acknowledge and agree that Company and Service Providers are not responsible for performance degradation, interruption, or delays, whether caused by a Device, Wireless Network or otherwise. You acknowledge that neither Company nor any Service Provider shall be liable to you if the Solutions are not available or accessible in a given location.
17. Application Stores.
You acknowledge and agree that the availability of certain Applications may be dependent on the third-party from whom you downloaded the Application – e.g., the Apple iTunes, Google Play, or such other application store compatible with your Mobile Device (each, an “App Store”). You further acknowledge and agree:
(a) this Agreement is between you and Company and not with the App Store;
(b) the App Store is not responsible for: (i) the Application, Services or Service Content; (ii) any maintenance, support services; or (iii) addressing any claims relating to Mobile App, Services or Service Content (e.g., product liability, legal compliance, or intellectual property infringement);
(c) to comply with, and that your license to use the Application is conditioned upon your compliance with, all applicable App Store terms and conditions; and
(d) the App Store (and its subsidiaries) are intended third-party beneficiaries of all terms in this Agreement applicable to the App Store (including, any restrictions on the use of the Application that, if violated, materially impact the rights of an App Store) and have the right to enforce them directly against you.
18. Disclaimer of Warranty.
THE SOLUTIONS ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. COMPANY, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED; ANY WARRANTY THAT THE SOLUTIONS ARE FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; ANY WARRANTY THAT THE FUNCTIONALITY OF THE SOLUTIONS WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SOLUTIONS WILL BE CORRECTED. THERE ARE NO Y IMPLIED WARRANTIES THAT THE SOLUTIONS, OR YOUR USE THEREOF IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR WILL NOT INFRINGE ANY THIRD-PARTY RIGHTS, UNLESS ANY SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY COMPANY OR ANY AUTHORIZED REPRESENTATIVE OF COMPANY OR ANY INFORMATION OR STATEMENT IN ANY COMPANY CONTENT SHALL CREATE ANY WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. COMPANY DISCLAIMS ANY LIABILITY, AND SHALL NOT INCUR ANY LIABILITY, WITH RESPECT TO YOUR USE OF THE SOLUTIONS. YOU BEAR THE ENTIRE RISK AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR ARISING FROM YOUR USE OF THE SOLUTIONS. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS EULA. NO USE OF THE SERVICE, THE APP, THE WEBSITES OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
19. Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL COMPANY BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SOLUTIONS UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, VEHICLE FAILURE OR MALFUNCTION OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF YOU OR COMPANY HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. COMPANY’S ENTIRE COLLECTIVE LIABILITY THAT MAY SURVIVE UNDER THE TERMS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE DEVICE OR APPLICATION OR PROVISION OF A REASONABLY SIMILAR DEVICE OR APPLICATION, AS DETERMINED AT COMPANY’S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF COMPANY, BUT THEN SOLELY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE IN YOUR JURISDICTION. FURTHER, COMPANY SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING IN WHOLE OR IN PART OUT OF: (i) YOUR USE OF SERVICES OR CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICES AND/OR ANY THIRD PARTY INFORMATION OR MATERIAL LINKED THROUGH THE SERVICES, ANY OF THE WEBSITES OR ANY CONTENT; (ii) YOUR USE OR OPERATION OF A THIRD PARTY APPLICATION, DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE WEBSITES; (iii) YOUR USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON ANY OF THE WEBSITES FOR USE WITH THE SERVICES; (iv) ANY USE OF THE SERVICES, OR ACCESSING ANY CONTENT IN A MANNER THAT IS INCONSISTENT WITH ANY INSTRUCTIONS, WARNINGS OR GUIDELINES PROVIDED BY COMPANY, OR (v) ANY USE OF THE SOLUTIONS, OR ACCESSING THE SOLUTIONS WHILE THE VEHICLE IS IN MOTION.
20. Release/Waiver of Claims.
FOR YOURSELF AND ANYONE ELSE CLAIMING UNDER YOU OR ON YOUR BEHALF, YOU AGREE TO RELEASE AND DISCHARGE COMPANY, EACH OF THE ADDITIONAL ENTITIES, THE APP STORES AND EACH OF THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES, AND EACH THIRD-PARTY BENEFICIARY FROM ALL CLAIMS, LIABILITIES AND LOSSES IN CONNECTION WITH THE SOLUTIONS, INCLUDING, BUT NOT LIMITED TO, CLAIMS FOR PERSONAL INJURY OR PROPERTY DAMAGE ARISING FROM THE TOTAL OR PARTIAL FAILURE OF PERFORMANCE OF THE SOLUTIONS, EVEN IF CAUSED BY OR BASED UPON COMPANY’S, THE ADDITIONAL ENTITIES’ OR THE APP STORE’S NEGLIGENCE, GROSS NEGLIGENCE, STRICT PRODUCTS LIABILITY, DECEPTIVE TRADE PRACTICES ACT VIOLATIONS, BAD FAITH, OR BREACH OF WARRANTY OR THE MALFUNCTION OF THE SOLUTIONS. YOU AGREE TO WAIVE TO THE FULLEST EXTENT ALLOWED BY LAW, ANY CLAIM FOR DAMAGES OTHER THAN DIRECT, COMPENSATORY DAMAGES AS LIMITED IN THIS AGREEMENT. YOU HEREBY RELEASE AND DISCHARGE COMPANY AND EACH OF THE ADDITIONAL ENTITIES (INCLUDING ANY THIRD PARTIES PROVIDING ALL OR PART OF THE SOLUTIONS) AND APP STORES FROM AND AGAINST ANY CLAIMS, DAMAGES, EXPENSES AND LIABILITY ARISING FROM OR RELATED TO ANY INJURIES, DAMAGES, OR LOSSES TO ANY PERSON (INCLUDING DEATH) OR PROPERTY OF ANY KIND RESULTING IN WHOLE OR PART, DIRECTLY OR INDIRECTLY, FROM YOUR USE OF THE SOLUTIONS.
21. Dispute Resolution & Mandatory Arbitration.
PLEASE READ THIS PROVISION CAREFULLY. IT INCLUDES AN AGREEMENT TO MANDATORY ARBITRATION, WHICH MEANS THAT YOU (INCLUDING, FOR THE PURPOSES OF THIS SECTION, ANYONE CLAIMING UNDER YOU OR ON YOUR BEHALF) AND COMPANY EACH AGREE TO SUBMIT ANY DISPUTE RELATED TO THIS AGREEMENT (INCLUDING THE SOLUTIONS) TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THIS PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, AND A JURY WAIVER. YOU AND COMPANY EACH AGREE:
a. Informal Resolution of Disputes. If you or Company has a dispute or disagreement with the other regarding the Solutions or any other aspect of this Agreement (each, a “Dispute”), you and Company each agree to first contact and provide a written description of the Dispute, all relevant documents/information, and a proposal for resolving the Dispute. You agree to contact us with Disputes at disputenotification@carmd.com. Company will contact you based on the contact information we have in our systems.
b. Mandatory Arbitration of Unresolved Disputes. If after 60 days the parties are unable to resolve the Dispute, YOU AND COMPANY BOTH AGREE, TO THE FULLEST EXTENT PERMITTED BY LAW, TO USE BINDING ARBITRATION, NOT A LAWSUIT (except for small claims court cases as described below) TO RESOLVE THE DISPUTE. You and Company each acknowledge and agree that, but for this agreement to arbitrate disputes, you and Company would have had a right or opportunity to litigate disputes through a court and to have a judge or jury decide the case and you and Company each voluntarily choose to waive that right and pursue all applicable Disputes through binding arbitration.
c. Arbitration Entity & Rules. Arbitration under this Agreement shall be conducted and administered by JAMS Mediation, Arbitration and ADR Services (JAMS) in Orange County, California, pursuant to its Comprehensive Arbitration Rules and Expedited Arbitration Procedures. If you and Company both agree, the arbitration may be conducted and administered by another arbitration entity under that entity’s applicable rules. If the arbitration results in an award, then judgment on the award may be entered in any court having jurisdiction. An arbitrator may award on an individual basis any relief.
d. Federal Arbitration Act. You and Company each enter this arbitration agreement in connection with a transaction involving interstate commerce. Accordingly, this arbitration agreement and any proceedings thereunder shall be governed by the Federal Arbitration Act, 9 U.S.C. §§ 1–16 (“FAA”).
e. Exceptions to Arbitrate. You and Company each agree: (i) either of us may bring qualifying Disputes in small claims court; (ii) if for any reason any court or arbitrator holds that the Class Action Waiver below is unconscionable or otherwise unenforceable, then our agreement to arbitrate does not apply and the class-wide dispute must be brought in court; or (iii) Company (and any other Service Provider) may seek injunctive or other appropriate relief in court or arbitration to the extent the Dispute in any manner involves your actual or threatened infringement or violation Company’s or any third party’s patent, copyright, trademark, trade secret, privacy or publicity rights.
f. Costs & Fees. You and Company each agree to pay our own fees, costs, and expenses, including those for any attorneys, experts, and witnesses. You and Company also agree that any claim for or award of attorneys’ fees is waived.
g. No Class Actions. TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO PURSUE DISPUTES ON A CLASS-WIDE BASIS; THAT IS, TO EITHER JOIN A CLAIM WITH THE CLAIM OF ANY OTHER PERSON OR ENTITY OR ASSERT A CLAIM IN A REPRESENTATIVE CAPACITY ON BEHALF OF ANYONE ELSE IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
h. No Trial By Jury. TO THE EXTENT ALLOWED BY LAW, YOU AND COMPANY EACH WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY LAWSUIT, ARBITRATION OR OTHER PROCEEDING.
i. Applicable Law. To the extent that the FAA does not supply substantive law necessary for the resolution of the Dispute, the laws of the State of California shall apply to the Arbitration or, if permitted hereunder, a court action, except that California laws concerning choice of law or conflict of laws shall not apply if they would cause the substantive law of another jurisdiction to apply.
22. Export Regulation.
The Solutions may be subject to US export control laws, including the Export Control Reform Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the Solutions to, or make the Solutions accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the Solutions available outside the US.
23. U.S. Government License Rights.
The Application is commercial computer software, as such term is defined in 48 C.F.R. §2.101. Accordingly, if the US Government or any contractor therefor is the owner or authorized user of the Application, the US Government and/or the contractor, as applicable, shall receive only those rights with respect to the Application as are granted to all other end users under license, in accordance with: (a) 48 C.F.R. §227.7201 through 48 C.F.R. §227.7204, with respect to the Department of Defense and their contractors; or (b) 48 C.F.R. §12.212, with respect to all other US Government licensees and their contractors.
24. Mobile Device Data Usage.
The Solutions provide access to features and functionality that may use the data connection of your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Solutions, it may result in even higher charges. Company is in no way responsible or liable for any and all charges you receive from your data plan provider related to the use of the Service.
25. Injunctive Relief.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this EULA by you shall cause Company irreparable damage for which recovery of monetary damages would be inadequate and that Company therefore may obtain timely injunctive relief to protect its rights under this EULA in addition to any and all other remedies available at law or in equity.
26. Miscellaneous.
This EULA constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Company. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this EULA should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent or severed from this EULA if no such modification is possible, and other provisions of this EULA shall remain in full force and effect, or Company may at its option instead terminate this EULA. A waiver by either party of any term or condition of this EULA or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this EULA or any rights or obligations arising hereunder without the written consent of Company. Company may assign this EULA to any entity at its sole discretion. This EULA shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay any applicable fees and charges) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This EULA and supersedes any proposal or prior communications between Company and you relating to the subject matter of this EULA.
27. Modifications, Interruption, or Discontinuation.
Company reserves the right in its sole discretion to either modify or discontinue the Solutions at any time with or without notice to you. Company shall not be liable to you or any third party should Company exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the available Content, the addition of fee-based services, and the manner of providing or operating any feature of the Services. Any new features that supplement enhance or otherwise change the then current Solutions, and your use thereof, shall also be provided subject to this EULA.
You understand and agree that interruptions of the Solutions may occur as normal events. You further understand and agree that Company has no control over third-party networks you may access or be required to access in the course of your use of the Solutions, and therefore, delays and disruption of or by other network transmissions are completely beyond Company’s control.
You understand and agree that the Solutions are provided “AS IS” and that Company assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user generated communications or personalized settings.
28. Acceptance.
Clicking on the “Accept” icon constitutes acceptance of the foregoing terms and conditions of this End User License Agreement.Copyright and Trademark NoticesAll content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, on the CarMD App and Website are, Copyright© 2017-2024 Innova Electronics Corporation, 17352 Von Karman Avenue, Irvine, CA 92614. All rights reserved, or otherwise owned by Company and protected under applicable laws. Copyright and other intellectual property laws and treaties protect any hardware and software or content provided as part of the Solutions. Company owns the title, copyright, and other intellectual property rights in the Content. CarMD is a registered trademark of Innova Electronics Corporation in the United States and elsewhere. Other names of companies and products mentioned herein may be registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
CarMD, LLC