CarSwoop Terms of Service

Effective: 08/01/2019

Last Updated: 08/01/2019

 

CarSwoop.com Terms of Use

By using this website CarSwoop.com (the “Website”), you acknowledge that you have read, understand and agree to the terms, conditions and notices in this Agreement (the “Agreement”). This Website is offered to you by CarSwoop LLC (“CarSwoop”) on the condition that you accept the terms, conditions, and notices contained on this page and on other pages of this Website.  CarSwoop reserves the right to periodically modify this Agreement.  CarSwoop reserves the rights to discontinue service to you for any reason, including without limitation, if you violate this Agreement.  If you do not agree to this Agreement, please cease using the Website.

General

You agree that you will not gain or use unauthorized access to the Website or any account. You agree to not interfere with the operation of the Website or any ability to access the Website.  You agree not to engage in any improper activity in conjunction with the Website, including without limitation, unlawful, threatening, harassing, abusive, defamatory, intimidating, fraudulent, tortious, scandalous, vulgar, obscene, indecent or otherwise objectionable activity.  You agree not to solicit CarSwoop or users of the Website.  You agree not to engage in any use of the Website that is, in CarSwoop’s sole discretion, considered inappropriate, unauthorized or objectionable.  You warrant to CarSwoop that you will not use this Website for any purpose that is unlawful or prohibited by this Agreement.

You may not copy, reproduce, modify, distribute, publish, transmit, transfer, sell, license, display, perform or adapt any information obtained from this Website or use the information for any purpose unrelated to using the Website.  You agree that you will not infringe the rights, including without limitation copyright, trademark, trade dress, trade secret, patent and other intellectual property rights, of CarSwoop or another in conjunction with the Website.  You grant CarSwoop a royalty-free irrevocable license of all rights to, including without limitation, the right to use, publish, copy, distribute, edit, and make derivative works of, all content and intellectual property submitted to or created by you on the Website.

Indemnification

You agree to indemnify and hold harmless CarSwoop, its affiliates and agents, servants, employees, officers, directors, other officials, suppliers and affiliates from any claim, suit or action arising from or related to the use of the Website or violation of this Agreement, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.

Liability Disclaimer

CARSWOOP, ITS AGENTS AND AFFILIATES MAKE NO REPRESENTATIONS REGARDING THE RELIABILITY, ACCURACY, OR TIMELINESS OF THE INFORMATION, PRODUCTS OR SERVICES CONTAINED ON THIS WEBSITE. ALL INFORMATION, PRODUCTS AND SERVICES ARE PROVIDED “AS IS” AND “WHERE IS” WITHOUT WARRANTY OF ANY KIND. CARSWOOP, ITS AGENTS AND AFFILIATES HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION, PRODUCTS AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

IN NO EVENT SHALL CARSWOOP, ITS AGENTS AND AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR ANY OTHER DAMAGES WHATSOEVER.

CARSWOOP ITS AGENTS AND AFFILIATES SHALL NOT BE LIABLE FOR ANY DAMAGES FOR LOSS OF DATA, LOSS OF PROFITS OR LOSS OF USE IN ANY WAY CONNECTED TO THIS WEBSITE.  TO THE EXTENT PERMITTED BY LAW, THE TOTAL LIABILITY OF CARSWOOP IS LIMITED TO PAYMENTS BY YOU TO CARSWOOP.

WHILE SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, CARSWOOP EXCLUDES ALL WARRANTIES.

CarSwoop is not responsible for any links to and from the Website.  All responsibility and liability, if any, for any linked website is solely that of the operators of any linked website.

Copyright

To submit a copyright infringement notification pursuant to the Digital Millennium Copyright Act (DMCA), provide our Copyright Agent at ___@CarSwoop.com with the following information (see 17 U.S.C. § 512(c)(3) for further details):

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  3. 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.
  4. 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.
  5. 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.
  6. 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.

Trademarks

CARSWOOP is a trademark of CarSwoop LLC.  All rights in respect of this trademark are hereby expressly reserved.  Unless otherwise indicated, all other trademarks appearing on CarSwoop.com are the property of their respective owners.

Miscellaneous

This Agreement is governed by the laws of the United States of America and of the State of California without regard to conflict of law provisions thereof. You irrevocably consent to the exclusive jurisdiction and venue of the state and federal courts in and for Los Angeles County, California U.S.A. in all disputes arising out of, or relating to, use of this Website. Use of this Website is unauthorized in any jurisdiction that does not give effect to all provisions of the terms, conditions and notices of this Website and this Agreement, including this paragraph. You are solely responsible for compliance with all applicable local laws. In the event any provision of this Agreement is determined to be invalid, illegal or otherwise unenforceable, such provision shall be deemed to have been deleted from this Agreement. The remainder of this Agreement shall remain in full force and effect according to its terms. This Agreement contains the entire understanding and agreement of the parties with respect to the use of this Website. It supersedes all prior oral or written understandings and agreements relating to use of this Website.  CarSwoop’ waiver of any provision of this Agreement shall not be deemed to waive it for the future.