The Terms and Conditions are a legal agreement between you and myCarQna ("myCarQna") governing your participation on the myCarQna.com site ("the Site"). By using, accessing or registering on the Site ("the Agreement") you agree to be bound by and hereby become a party to all the terms of this Agreement. If you do not agree with the terms and conditions in this Agreement, you may not use the Site.
We can amend this Agreement by posting the amended terms on the Site, which take effect when we post them. By continuing to access or use the Site after any such amendment, you agree to be bound by the terms of the amended Agreement. Otherwise, this Agreement may be amended only by a writing physically signed by us.
Acceptable use and access to and use of the services available on the Site are subject to the following acceptable use policies. myCarQnA has the right, but not the obligation, to terminate your access and use of the Site and related services at any time, and block or remove any communications and materials that MyCarQnA believes in its sole discretion may violate applicable law, these operating and acceptable use policies or a third party's rights. We reserve the right to refuse service to anyone.
By using the Site, you agree not to do any of the following:
- Publish on this Site any information or other material ("Content") that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, harassing, threatening, harmful, invasive of privacy or publicity rights, abusive, inflammatory or otherwise injurious to third parties
- Upload any Content that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national, or international law
- Upload any Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party. By posting any Content, you represent and warrant that you have the lawful right to distribute and reproduce such Content
- Upload to or publish through this Site any Content such as charity requests, petitions for signatures, chain letters or letters relating to pyramid schemes, advertising or solicitations for funds, political campaigning, mass mailings, any form of unsolicited commercial email or "spam," or offering or disseminating fraudulent goods, services, schemes or promotions
- Publish or upload any unsolicited promotions, commercial solicitation or post any advertising or other solicitation of other users of the Site for goods or services
- Post or list articles which are off-topic according to the description of the category or send unsolicited mass emails to 10 people or more; and/or disseminating or hosting harmful content including without limitation, viruses, Trojan horses, worms, time bombs, zombies, cancel bots, or any other computer programming routines that may damage, interfere with, surreptitiously intercept or expropriate any system, program, data or personal information
MyCarQnA takes no responsibility and assumes no liability for any Content posted or uploaded by you or any third-party, or for any mistakes, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of the Site, MyCarQnA is only a community platform and is not liable for any statements, representations, or Content provided by its users in any public forum or personal home page. It is not MyCarQnA's intent to discourage you from taking controversial positions or expressing vigorously what may be unpopular views; however, MyCarQnA reserves the right to take such action as it deems appropriate in cases where the Site is used to disseminate statements which are deeply and widely offensive and/or harmful.
A note about Minors:
The MyCarQnA Site is not targeted towards, nor intended for use by anyone under the age of 18. By using the MyCarQnA Site, you represent and warrant that you are 18 years of age or older. If you are not at least 18 years of age, do not use, access or register for the MyCarQnA Site.
Enforcement:
MyCarQnA reserves the right to strictly enforce this Agreement including without limitation by issuing warnings, suspension or termination of service, and/or removal, screening or editing of posted Content, self help and active investigation, litigation and prosecution in any court or appropriate venue. MyCarQnA may access, use and disclose transaction information and Content to comply with the law (e.g., a lawful subpoena); enforce or apply our agreements; to initiate, render, bill, and collect for services; to protect our rights or property, or to protect users of those services and other carriers from fraudulent, abusive, or unlawful use of, or subscription to, such services. INDIRECT OR ATTEMPTED VIOLATIONS OF THIS AGREEMENT OR ANY RELATED POLICY, AND ACTUAL OR ATTEMPTED VIOLATIONS BY A THIRD PARTY ON BEHALF OF A MYCARQNA USER, SHALL BE CONSIDERED VIOLATIONS OF THIS AGREEMENT BY SUCH USER.
Responsibility for Your Conduct:
You shall remain solely liable for the Content of any messages or other information you upload or transmit to this Site. You agree to indemnify and hold harmless MyCarQnA and its partners from any claim, loss, or damages (including attorneys' fees) made or incurred by any third-party arising out of or relating to your conduct, your violation of this Agreement, or your violation of any rights of a third-party.
Submissions:
You agree that any materials, including questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by you in the form of e-mail or submissions to MyCarQnA, or postings to or on the Site, are non-confidential (provided that personal information provided on non-public areas of the Site is subject to MyCarQnA's Privacy Policy-) and you grant MyCarQnA nonexclusive, royalty-free, perpetual, irrevocable, world-wide and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such materials throughout the world without acknowledgment to you in MyCarQnA's sole discretion and without compensation to you. You also grant to MyCarQnA the right to use your name in connection with the submitted materials and other information. You agree that you shall have no recourse against MyCarQnA for any alleged or actual infringement or misappropriation of any proprietary right in your submitted materials and that the submission of any such materials to MyCarQnA, including the posting of materials to any forum or interactive area on the Site, irrevocably waives any and all "moral rights" in such materials, including the rights of paternity and integrity. You represent and warrant that you own or otherwise control all of the rights to the material that you post; that the material is accurate; that use of the material you supply does not violate this Agreement and will not cause injury to any person or entity; and that you will indemnify MyCarQnA for all claims resulting from material you supply.
Email:
You agree to receive emails from MyCarQnA that allow you to engage with the MyCarQnA community of users in order to find an answer and receive updates for your questions.
Indemnification:
IN NO EVENT SHALL MYCARQNA OR ITS PARTNERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA, WHETHER IN AN ACTION IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR IN ANY WAY CONNECTED WITH (I) THE USE OR INABILITY TO USE THE SITE OR THE CONTENT, MATERIALS, INFORMATION OR TRANSACTIONS PROVIDED ON OR THROUGH THE SITE, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SITE OR THE CONTENT, MATERIALS, INFORMATION, PRODUCTS OR SERVICES ON OR AVAILABLE THROUGH THE SITE, EVEN IF MYCARQNA OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF MYCARQNA OR ITS PARTNERS (WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY (OR OTHER THEORY) ARISING OUT OF OR RELATING TO THE USE OF MYCARQNA'S SITE. You agree to indemnify, defend and hold harmless MyCarQnA, its officers, directors, employees, agents, licensors, suppliers, partners and any third party information providers to the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement by you.
Third-Party Sites:
Our Web site, surveys, or other services may include links to other sites on the Internet that are owned and operated by third parties. You acknowledge that we are not responsible for the availability of, or the content located on or through, any third-party site. You should contact the site administrator or Webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites. Your use of those third-party sites is subject to the terms of use and privacy policies of each site, and we are not responsible therefore.
In certain areas on our site, we may join forces with a reputable third-party source regarding car related content. In each of these areas, the MyCarQnA header will note that the services are "Powered by" or "By" (or any other similar reference) the third party. This indicates that the content resides on the third party's servers and your use of those services is governed by that company' s privacy policies and terms of use, which you can access at the bottom of each page in those areas. We recommend that you always review their privacy policies and terms of use before you complete any transaction with them. These Terms and Conditions (other than our Privacy Policy and the Legal Disclaimer) also apply as between you and MyCarQnA with respect to your use of those third-party services accessed through our site.
Dispute Resolution:
We will do our best to resolve any problems or issues that you may have with us or our services in a satisfactory manner. If, however, we are unable to reach a mutually satisfactory resolution, each of us agrees that any claim or controversy between us, or arising in any way out of the use or operation of our web site or other services, or any information, services, products, and materials contained in this site or available through our other services, shall be resolved by binding arbitration before a single arbitrator in King County or the City of Seattle, Washington. Any such dispute or controversy shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. The arbitrator shall have authority to resolve all matters in dispute between us (subject to the legal disclaimer and liability limitations set forth above), including the applicability, scope and binding effect of this arbitration agreement, and to award arbitration costs and expenses to the prevailing party as determined by the arbitrator.
Notwithstanding the foregoing, either party may pursue preliminary or injunctive remedies in an appropriate state or federal court sitting in King County or the City of Seattle, Washington pending the decision of the arbitrator, without waiving the right or affecting the obligation to arbitrate hereunder.
Copyright:
All content, either text, pictures, or graphics, on the site that has been contributed by users and is designated as Open Content. All such content may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted as long as (1) it is not displayed on a commercial site (except on message boards) or used for commercial purposes, (2) prominent attribution is given to MyCarQnA, and (3) attribution is given to the original author(s) as listed on MyCarQnA.com. If the original author is listed as "Anonymous" on MyCarQnA.com, attribution to the author is not required.
MyCarQnA maintains a compilation copyright on its user-submitted content. This user-submitted content may by reproduced in part for non-commercial purposes as described in the paragraph above, but may not be reproduced as a whole through any medium without the written permission of MyCarQnA.com.
The MyCarQnA logo, design, graphics, pictures, sound files and other files, and the selection and arrangement thereof ("Materials") are ALL RIGHTS RESERVED Copyright C 2008 - 2009 MyCarQnA and/or its licensors. Except as stated herein, none of the Materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means without the prior written permission of MyCarQnA.
All other trademarks displayed on MyCarQnA's Web site are the trademarks of their respective owners, and are not intended to imply any endorsement or affiliation between MyCarQnA and these companies. MyCarQnA disclaims any responsibility for the content of any third party materials provided through or on our Web site or other services. We do desire to respect all copyrights and to respond accordingly when notified of the infringement of those rights.
Copyright Complaints:
MyCarQnA respects the intellectual property of others. If you believe that your work has been copied and has been posted to this Site in a way that constitutes copyright infringement, please provide MyCarQnA's copyright agent the following written information:
- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest
- A description of the copyrighted work that you claim has been infringed upon • A description of where the material that you claim is infringing is located on the Site
- Your address, telephone number, and e-mail address
- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law
- A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Content Aggregation:
In addition to the content that is contributed by users of this site, MyCarQnA collects additional content from manufacturers' sites, newsgroups, and forums. All the content that was taken from other web sites is cited for and credited. In the event that content was taken without permission or against your wish, please contact us at info@mycarqna.com and we will remove it from our site.
General:
This Agreement does not create any agency, partnership, joint venture, employment or franchise relationship. Our failure to act in a particular circumstance does not waive our right to act with respect to that or other circumstances. We shall be excused for any problem due to a factor beyond our control. If any provision of this Agreement is held invalid or unenforceable by a court of competent jurisdiction, the remaining provisions of the Agreement will remain in full force and effect, and the provision affected will be construed so as to be enforceable to the maximum extent permissible by law. Any waiver of any provision of this Agreement will be effective only if in writing and signed by MyCarQnA.
