Safety TuneUp Reports User Agreement

Safety TuneUp Reports User Agreement

OVERVIEW

This page contains the User Agreement (“Agreement”) between you and Center for Auto Safety (“Center”), the nonprofit publisher of Safety TuneUp Reports, which are generated from data contained within the Vehicle Safety Check on the Center for Auto Safety website. The term “Safety TuneUp Reports” as it is used in this Agreement includes any associated online and mobile websites or applications.

In this Agreement, “you” and “your” refer to each user of the Safety TuneUp Reports. This Agreement sets forth the terms and conditions for your use of the Safety TuneUp Reports. By using the Safety TuneUp Reports you are agreeing to these terms and conditions. Please read them carefully.

The Safety TuneUp Reports is operated by Center for Auto Safety. Throughout the site, the terms “we”, “us” and “our” refer to the Center for Auto Safety. The Center for Auto Safety offers the Safety TuneUp Reports, including all information and tools available in the Safety TuneUp Reports to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

The Center grants you a non-exclusive, non-transferable, limited right to access, use, and display the Safety TuneUp Reports and the materials provided thereon, and to download or print content displayed on our Safety TuneUp Reports provided that you comply fully with this Agreement. The contents of the Safety TuneUp Reports are only for your personal, non-commercial use. You agree not to interrupt, or attempt to interrupt, the operation of the Safety TuneUp Reports or any part of it in any way.

By visiting and using any part of our site you agree to be bound by the following terms and conditions (“User Agreement” or “Agreement”) including any additional conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Safety TuneUp Reports including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read this User Agreement carefully before accessing or using our Safety TuneUp Reports. By accessing or using any part of the Safety TuneUp Reports, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Safety TuneUp Reports or utilize content therein. If the terms in this User Agreement are considered an offer, acceptance is expressly limited to this User Agreement.

Any new features or tools which are added to the current Safety TuneUp Reports shall also be subject to the User Agreement. You can review the most current version of the User Agreement at any time on this page. We reserve the right to update, change or replace any part of this agreement by posting updates and/or changes to this page. It is your responsibility to check this page periodically for changes. Your continued use of, or access to, the Safety TuneUp Reports following the posting of any changes constitutes acceptance of those changes.

Section 1. Safety TuneUp Terms

By subscribing to the Safety TuneUp Reports you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use this site.

You may not use the Safety TuneUp Reports for any illegal or unauthorized purpose nor may you, in the use of the Safety TuneUp Reports, violate any laws in your jurisdiction (including but not limited to copyright laws).

You may not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of this agreement will result in an immediate termination of your Membership.

Section 2. General Conditions

We reserve the right to refuse access to anyone for any reason at any time.

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is encrypted during transfer over networks.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Safety TuneUp Reports use of the Safety TuneUp Reports, or access to the Safety Tuneup Reports, without express written permission by us. You may print, reproduce, duplicate, or copy the Safety TuneUp Reports, or any portion of the Safety TuneUp Reports for your personal use.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect this Agreement.

Section 3. Membership Charges and Payment.  

The Center accepts donations through our website. Certain Safety TuneUp Reports features are available only through membership or subscription (“Membership”).

Membership, at your option, may be billed either monthly or once annually. In order to provide you with uninterrupted access, your Safety TuneUp Reports subscription will renew automatically at the end of the applicable subscription period at the rate then in effect. As explained below, the Center will automatically charge your credit or debit card or other payment method on file for an auto-renewing Membership unless you cancel by sending an email to [email protected]. You may cancel at any time by emailing: [email protected].

If you are enrolled in an auto-renewing Membership, you must update your credit or debit card or other payment information promptly to keep your account current, complete and accurate (e.g., for changes in your credit card number, billing address or expiration date). Changes to such information can be made online through the payments provider or by contacting the Center via email to [email protected]. If your credit or debit card or other payment method information is not current, complete and accurate and you do not notify us promptly when such information changes, your Membership may be suspended or terminated. In order to avoid access interruption and as a convenience to you, if you do not notify us of updates to your credit or debit card information (e.g., updated account status, payment card number and expiration date), we may try to update your credit or debit card information, either directly or indirectly through third party payment card updating services supported by your card provider, and you authorize us to continue billing your account with the updated information that we obtain. Such updater services may not be available for all credit or debit cards or other payment methods, and you should check with your card issuer to determine eligibility.

You may cancel your auto-renewing Memberships at any time subject to the following terms:

If you acquire a Membership which is billed monthly, you may cancel at any time by contacting the Center via email at [email protected]. Partial months will not be refunded. Upon cancellation, your Membership will terminate on the next monthly anniversary of your membership or donation date. For example, if you join the monthly Membership on December 15 and cancel on December 28, your access will terminate on January 14.

In addition to the charges set forth above, you are responsible for all charges associated with connecting to the Safety TuneUp Reports, including without limitation all telephone access lines (including long-distance charges, when applicable), telephone and computer equipment and any service fees necessary to access our Safety TuneUp Reports, including any messaging, data and other rates and fees applied by your mobile communications carrier for use of the Safety TuneUp Reports.

If your credit or debit card expires, is canceled, is lost or is subject to use without your authorization, or if your Membership or Safety TuneUp Reports is subject to use without your authorization, contact the Center via email to [email protected].

Section 4. Copyright and Trademarks.

All materials available on the Safety TuneUp Reports including without limitation text, data, images, software and downloadable software applications, audio and video clips, databases, and ratings, (collectively, the “Content”) are owned or controlled by the Center or the party credited as the provider of the Content. The respective owner retains all right, title, and interest in and to its Content. The Safety TuneUp Reports and Content are protected by the copyright and trademark laws of the United States and other countries, international conventions, and other applicable laws.

You may not download, display, reproduce, create derivative works from, transmit, sell, distribute, or in any way exploit Content available via the Safety TuneUp Reports for any distribution and/or commercial use without the prior written permission of the Center.

You agree not to use any trademarks, service marks, names, logos, or other identifiers of the Center or its employees, licensors, independent contractors, or providers without the prior written permission of the Center.

Section 5. Modifications To The Safety TuneUp Reports And Prices.

Membership is subject to change without notice.

We reserve the right at any time to modify or discontinue the Safety TuneUp Reports (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Membership.

Section 6. Accuracy Of Billing And Account Information.

You agree to provide current, complete, and accurate membership and account information for all recurring donations made. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. We reserve the right to refuse membership transactions.

Section 7. Third-Party Links.

Certain content available via the Safety TuneUp Reports may include materials from third-parties.

Third-party links in the Safety TuneUp Reports may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites.

Section 8. Personal Information.

Your submission of personal information through the Safety TuneUp Reports is governed by our Privacy Policy. To view our Privacy Policy, visit www.autosafety.org/privacy-policy.

Section 9. Prohibited Uses.

In addition to any other prohibitions as set forth in the Agreement, you are prohibited from using the Safety TuneUp Reports and Vehicle Safety Check or their contents: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Safety TuneUp Reports or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Safety TuneUp Reports or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Safety TuneUp Reports or any related website for violating any of the prohibited uses.

Section 10. Disclaimer Of Warranties; Limitation Of Liability.

We do not guarantee, represent, or warrant that your use of our Safety TuneUp Reports will be uninterrupted, timely, secure, or error-free.

You agree that from time to time we may remove the Safety TuneUp Reports for indefinite periods of time or cancel the Membership at any time, without notice to you.

You expressly agree that your use of, or inability to use, the Safety TuneUp Reports is at your sole risk. The Safety TuneUp Reports and information delivered to you through the Safety TuneUp Reports are (except as expressly stated by us) provided without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Center for Auto Safety, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Safety TuneUp Reports, or for any other claim related in any way to your use of the Safety TuneUp Reports, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Safety TuneUp Reports or any content (or product) posted, transmitted, or otherwise made available via the Safety TuneUp Reports, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Section 11. Severability.

In the event that any provision of this User Agreement is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from this User Agreement, such determination shall not affect the validity and enforceability of any other remaining provisions.

Section 12. Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.

This User Agreement remains effective unless and until terminated by either you or us. You may terminate this Agreement at any time by notifying us that you no longer wish to use the Safety TuneUp Reports, or by cancelling your Membership directly through the payments processor, or by emailing [email protected].

If, in our sole judgment, you fail or we suspect that you have failed, to comply with any term or provision of this Agreement, we also may terminate this Agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Safety TuneUp Reports.

Section 13. Entire Agreement.

The failure of us to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.

This Agreement and any policies or operating rules posted by us on this site or in respect to the Safety TuneUp Reports constitute the entire agreement and understanding between you and us and govern your use of the Safety TuneUp Reports superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Agreement).

Any ambiguities in the interpretation of this Agreement shall not be construed against the drafting party.

Section 14. Limitation of liability.

Use of the Safety TuneUp Reports is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, communications, content, or other material (including without limitation software) accessed through or obtained by means of the Safety TuneUp Reports.

Under no circumstances shall the Center,or its respective directors, officers, employees and agents, or any third-party provider of telecommunications or network services, site software or site content for the Center, be liable for any indirect, incidental, punitive, special, or consequential damages (including but not limited to damages for personal injury and/or death, lost revenues or profits, loss of business or loss of data) that are directly or indirectly related to your use of or inability to use the Safety TuneUp Reports or other subscription or membership-based information, even if the Center, its affiliates, or their providers of telecommunications or network services, content or software has been advised of the possibility of such damages, regardless of whether such liability is based in tort (including negligence), contract or any other legal or equitable theory.

The total liability of the Center and its affiliates hereunder is limited to the amount, if any, actually paid by you for access to and use of the Safety TuneUp Reports or other subscription or membership-based information. You hereby release the Center and its affiliates from any and all obligations, liabilities and claims in excess of this limitation.

Some states do not allow the exclusion or limitation of liability for these kinds of damages, so the above limitations or exclusions may not apply to you.

Section 15. Termination.

 

In addition to any other rights of the parties set forth herein, the Center may cancel or terminate this Agreement at any time. The Center also reserves the right to restrict, suspend or terminate your access to the Safety TuneUp Reports, the Memberships or other subscription or membership-based information in whole or in part, without notice, with respect to any breach or threatened breach by you of any portion of this Agreement. If the Center terminates this Agreement (and therefore your access to the Safety TuneUp Reports) based on a breach of any portion of this Agreement, the Center reserves the right to refuse to provide access to the Safety TuneUp Reports or other subscription or membership-based information to you in the future.

Section 16. Modifications.

The Center has the right to modify this Agreement and any policies affecting the Safety TuneUp Reports. Any modification is effective immediately upon posting to the Safety TuneUp Reports or distribution to you via electronic mail or conventional mail. Your continued use of the Safety TuneUp Reports shall be conclusively deemed an acceptance of all such modification(s).

The Center has the right to modify, suspend or discontinue the Safety TuneUp Reports or any portion thereof at any time, including the availability of any area of the Safety TuneUp Reports. The Center may also impose limits on certain features and services or restrict your access to parts or all of the Safety TuneUp Reports without notice or liability.

Section 17. General.

This Agreement constitutes the entire agreement between you and the Center with respect to the Safety TuneUp Reports and your access to the Vehicle Safety Check or Safety TuneUp Reports offered through our website and supersedes all prior agreements between you and the Center. Failure by the Center to enforce any provision of this Agreement shall not be construed as a waiver of any provision or right. Interpretation and enforcement of this Agreement shall be governed by the laws of the District of Columbia.  All claims arising out of or relating to this Agreement will be litigated exclusively in the federal or state courts of Washington, District of Columbia, USA and you consent to personal jurisdiction in those courts.  In the event that any portion of this Agreement is held unenforceable, the unenforceable portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intentions of the parties, and the remainder of the provisions shall remain in full force and effect.

Section 18. Contact Information.

Questions about the User Agreement should be sent to us at [email protected].

March 17, 2021
Center for Auto Safety