Terms of Use
Effective Date: August 1, 2014
IN ORDER TO USE CONSULTANT BROKERS LLC'S
DISCOUNTCARSERVICES.COM WEB SITE, SOFTWARE
(INCLUDING APPS AND APPLICATIONS), PRODUCTS, SERVICES (INCLUDING WITHOUT
LIMITATION SERVICES PROVIDED BY OUR CONTACT CENTER) OR INFORMATION OR
CONTENT CONTAINED THEREIN (REFERRED TO COLLECTIVELY AS THE "SERVICES"), YOU
MUST FIRST AGREE TO THESE TERMS OF USE (HEREINAFTER REFERRED TO AS "TERMS").
YOU MAY NOT USE THE SERVICES IF YOU DO NOT ACCEPT THE TERMS. IF YOU DO NOT
AGREE TO ALL OF THESE TERMS, DO NOT USE THIS Consultant Brokers LLC WEB SITE OR THE
SERVICES.
PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS
CONSULTANT BROKER LLS
DISCOUNTCARSERVICES.COM WEB
SITE OR THE SERVICES, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS
DESCRIBED HEREIN AND ALL ADDITIONAL TERMS, GUIDELINES AND DISCLOSURES
INCORPORATED BY REFERENCE.
YOU ACCEPT THE TERMS BY EITHER CLICKING TO ACCEPT OR AGREE
TO THE TERMS OR BY ACTUALLY USING THIS CONSULTANT BROKER LLS
DISCOUNTCARSERVICES.COM WEB
SITE OR
THE SERVICES. IN THIS CASE, YOU UNDERSTAND AND AGREE THAT CONSULTANT
BROKERS, LLC IS THE OWNER OF THIS WEBSITE SERVICE AND WILL TREAT YOUR USE OF THE
Consultant Brokers LLC WEB SITE OR THE SERVICES AS ACCEPTANCE OF THE TERMS FROM THAT
POINT ONWARDS.
YOU MAY NOT USE THE SERVICES AND MAY NOT ACCEPT THE TERMS IF (A) YOU ARE
NOT OF LEGAL AGE TO FORM A BINDING CONTRACT WITH CONSULTANT BROKERS LLC, OR (B) YOU ARE
A PERSON BARRED FROM RECEIVING THE SERVICES UNDER THE LAWS OF THE UNITED
STATES OR OTHER COUNTRIES INCLUDING THE COUNTRY IN WHICH YOU ARE RESIDENT OR
FROM WHICH YOU USE THE SERVICES.
Consultant Brokers LLC
IS AN ADVERTISING PLATFORM OWNED BY cONSULTANT BROKERS LLC AND
does not employ, recommend or endorse any automotive facility nor is it
responsible for the conduct, qualify or effectiveness of any service
provided by a participating automotive facility advertising on the
Consultant Brokers LLC website. THE Consultant Brokers LLC SERVICE provides
information and tools to help discount seekers and auto care providers
connect and make informed decisions. However, each individual is solely
responsible for selecting an appropriate auto care provider for themselves
and/or their families and for complying with all applicable laws in
connection with any business relationship they establish.
If you have any question regarding the use of the Services, please direct
any inquires to Consultant Brokers LLC via e-mail to:
ecline@discountcarservices.com
OR ecline@nethere.com.
Before you continue, you should print or save a local copy of this
Agreement for your records.
General
1. Your relationship with Consultant Brokers LLC
1.1 Your use of the Services is subject to the terms of this legal
agreement (“Agreement”) between you and Consultant Brokers LLC. “Consultant
Brokers LLC” means
Consultant Brokers LLC, whose principal business is conducted on the Web at
https://discountcarservices.com (and/or such other
URL as Consultant Brokers LLC may provide from time to time) and whose principal place
of business is located at P.O. Box, San Diego, CA 92064, United
States.
1.2 Unless otherwise agreed in writing with Consultant
Brokers LLC, your use of Consultant Brokers LLC will always include, at a minimum, the terms and conditions
set out in this Agreement.
1.3 If there is any contradiction between what this Agreement says and
what any other agreement, terms of service, content, or Services say, then
this Agreement shall take precedence in relation to that Service.
2. Accepting this Agreement
2.1 In order to use the Services, you must first agree to this Agreement.
You may not use the Services if you do not accept this Agreement.
2.2 You accept this Agreement by:
(A) clicking to accept or agree to this Agreement, where this option is
made available to you by Consultant Brokers LLC in the user interface for any Service;
or
(B) by actually using the Services. In this case, you understand and
agree that Consultant Brokers LLC will treat your use of the
Consultant Brokers LLC Services as acceptance of
this Agreement from that point onwards.
(C) agreeing to permit Consultant Brokers LLC to move your down-line and
their related income to the member who sponsored you if you do not pay your
renewal membership fee with the first 30 days after you are notified by
email. This email will contain the renewal membership fee.
2.3 You may not use the Services and may not accept this Agreement if (a)
you are not of legal age to form a binding contract with
Consultant Brokers LLC, or (b)
you are a person barred from receiving the Services under the laws of the
United States or other countries including the country in which you are
resident or from which you use the Services.
2.4 Before you continue, you should print or save a local copy of this
Agreement for your records.
3. Provision of the Services provided by
Consultant Brokers LLC's Consultant Brokers LLC Service
3.1 Consultant Brokers LLC may have subsidiaries and affiliated legal entities
(“Subsidiaries and Affiliates”). Sometimes, these companies will be
providing the Services to you on behalf of Consultant Brokers LLC itself. You
acknowledge and agree that Subsidiaries and Affiliates will be entitled to
provide the Services to you.
3.2 Consultant Brokers LLC is constantly innovating in order to provide the best
possible experience for its users. You acknowledge and agree that the form
and nature of the Services which Consultant Brokers LLC provides may change from time to
time without prior notice to you.
3.3 As part of this continuing innovation, you acknowledge and agree that
Consultant Brokers LLC may stop (permanently or temporarily) providing the Services (or
any features within the Services) to you or to users generally at Consultant
Brokers LLC’s sole discretion, without prior notice to you. You may stop
using the Services at any time. You do not need to specifically inform
Consultant Brokers LLC when you stop using the Services.
3.4 You acknowledge and agree that if Consultant Brokers
LLC disables access to your
account, you may be prevented from accessing the Services, your account
details or any files or other content which is contained in your account.
3.5 You acknowledge and agree that while Consultant
Brokers LLC may not currently
have set a fixed upper limit on the number of transmissions you may send or
receive through the Services or on the amount of storage space used for the
provision of any Service, such fixed upper limits may be set by
Consultant Brokers LLC
at any time, at Consultant Brokers LLC’s discretion.
4. Use of the Services by you
4.1 In order to access certain Services, you may be required to provide
information about yourself (such as identification or contact details) as
part of the registration process for the Service, or as part of your
continued use of the Services. You agree that any registration information
you give to Consultant Brokers LLC will always be accurate, correct and up to date.
4.2 You agree to use the Services only for purposes that are permitted by
(a) this Agreement and (b) any applicable law, regulation or generally
accepted practices or guidelines in the relevant jurisdictions (including
any laws regarding the export of data or software to and from the United
States or other relevant countries).
4.3 You agree not to access (or attempt to access) any of the Services by
any means other than through the interface that is provided by
Consultant Brokers LLC.
You specifically agree not to access (or attempt to access) any of the
Services through any automated means (including use of scripts or web
crawlers) and shall ensure that you comply with the instructions set out in
any robots.txt file present on the Services.
4.4 You agree that you will not engage in any activity that interferes
with or disrupts the Services (or the servers and networks which are
connected to the Services).
4.5 You agree that you will not reproduce, duplicate, copy, sell, trade
or resell the Services for any purpose.
4.6 You agree that you are solely responsible for (and that
Consultant Brokers LLC
has no responsibility to you or to any third party for) any breach of your
obligations under this Agreement and for the consequences (including any
loss or damage which Consultant Brokers LLC may suffer) of any such breach.
5. Your passwords and account security
5.1 You agree and understand that you are responsible for maintaining the
confidentiality of passwords associated with any account you use to access
the Services.
5.2 Accordingly, you agree that you will be solely responsible to
Consultant Brokers LLC for all activities that occur under your account.
5.3 If you become aware of any unauthorized use of your password or of
your account, you agree to notify Consultant Brokers LLC immediately at
Privacy@Consultant
Brokers LLC.
6. Privacy and your personal information
6.1 For information about Consultant Brokers LLC’s data collection, use, disclosure
and protection practices, please read Consultant Brokers LLC’s privacy policy at
http://www.Consultant Brokers LLC/default/privacy_policy/. This policy explains how
Consultant Brokers LLC treats your personal information, and protects your privacy, when
you use the Services.
6.2 You agree to the use of your data in accordance with
Consultant Brokers LLC’s
privacy policies.
6.3 THIS Consultant Brokers LLC SITE DOES NOT PUBLISH CONTENT THAT IS TARGETED TO
CHILDREN
6.4 If you are under age 13, please do not attempt to use the Services or
provide any personal information about yourself to us. If we learn that we
have collected personal information from a child under age 13, we will
delete that information as quickly as possible.
6.5 We strongly recommend that minors 13 years of age or older ask their
parents for permission before sending any information about themselves to
anyone over the Internet and we encourage parents to teach their children
about safe internet use practices.
7. Content in the Services
7.1 You understand that all information (including without limitation,
data files, written text, computer software, graphics, audio files or other
sounds, photographs, videos or other images) which you may have access to as
part of, or through your use of, the Services are the sole responsibility of
the person from which such content originated. All such information is
referred to below as the “Content”.
7.2 You understand that the Services include areas on the
Consultant Brokers LLC Web
site in which users may post Content, including without limitation customer
and repair shop ratings and suggestions, ideas, feedback, reviews, messages,
questions and answers, guides, comments, data, text, photos, graphics,
hyperlinks to third-party Web sites or other materials (the "User Content")
and may include other interactive areas or services in which you or third
parties may create, post, modify or store information, content, materials or
other items on the Consultant Brokers LLC Web site ("Interactive Areas"). You are solely
responsible for your use of such Content, User Content, and Interactive
Areas and use them at your own risk.
7.3 You agree not to post, upload to, transmit, distribute, store, create
or otherwise publish through the Consultant Brokers LLC site any of the following:
- (A) User Content that depicts, encourages or
otherwise refers to any act or omission that poses a risk of bodily
injury or death to you or another or User Content that is false,
misleading, unlawful, libelous, defamatory, obscene, pornographic,
indecent, lewd, suggestive, harassing, threatening, invasive of privacy
or publicity rights, abusive, inflammatory, fraudulent or otherwise
objectionable, including without limitation any recommendation,
endorsement, rating, or review of an auto repair shop with whom you have
not had direct, personal experience in an auto repair shop context or as
a customer of such auto repair shop;
- (B) User Content that would constitute, encourage or
provide instructions for a criminal offense, violate the rights of any
party, violate any applicable rules of conduct, or that would otherwise
create liability or violate any local, state, national or international
law;
- (C) User Content that may infringe any patent,
trademark, trade secret, copyright or other intellectual or proprietary
right of any party. By posting any User Content, you represent and
warrant that you have the lawful right to distribute and reproduce such
User Content as provided under this Agreement;
- (D) User Content that impersonates any person or
entity or otherwise misrepresents your affiliation with a person or
entity;
- (E) Unsolicited promotions, political campaigning,
advertising or solicitations, including without limitation any
advertisements for auto repair shop services, auto repair shop service
providers, or auto repair shop referral services;
- (F) Private or confidential information of any third
party, including, without limitation, addresses, phone numbers, e-mail
addresses, Social Security numbers and credit card numbers;
- (G) Viruses, spyware, malware, corrupted data or
other harmful, disruptive or destructive files;
- (H) Any answers, responses, comments, opinions,
analysis or recommendations that you are not properly licensed or
otherwise qualified to provide; and
- (I) User Content that, in the sole judgment of
Consultant Brokers LLC, is objectionable or which restricts or inhibits any other
person from using or enjoying the Interactive Areas or the
DiscountCarServices.Com
Web site, or which may expose Consultant Brokers LLC or its users to any harm or
liability of any type.
7.4 Consultant Brokers LLC takes no responsibility and assumes no liability for any
User Content (including without limitation use hyperlinks to other
non-Consultant Brokers LLC Web sites, services, products, content or resources) posted,
stored or uploaded by you or any third party, or for any loss or damage
thereto, nor is Consultant Brokers LLC liable for any mistakes, defamation, slander,
libel, omissions, falsehoods, obscenity, pornography or profanity you may
encounter. Your use of the Services, including any Content, User Content,
and Interactive Areas is at your own risk. Enforcement of the User Content
or conduct rules set forth in this Agreement is solely at Consultant Brokers
LLC's
discretion, and failure to enforce such rules in some instances does not
constitute a waiver of our right to enforce such rules in other instances.
In addition, these rules do not create any private right of action on the
part of any third party or any reasonable expectation that the
Consultant Brokers LLC
site will not contain any content that is prohibited by such rules. As a
provider of Interactive Services, Consultant Brokers LLC is not liable for any
statements, representations, responses, comments or other User Content
provided by its users in any review, rating, forum, question, answer, guide
or other Interactive Area. Although Consultant Brokers LLC has no obligation to screen,
edit or monitor any of the User Content posted in any Interactive Area,
Consultant Brokers LLC reserves the right, and has absolute discretion, to remove,
screen or edit any User Content posted or stored on the
Consultant Brokers LLC site at
any time and for any reason without notice. Any use of the Interactive Areas
or other portions of the Consultant Brokers LLC site in violation of the foregoing
violates this Agreement and may result in, among other things, termination
or suspension of your rights to use the Interactive Areas and/or the
Consultant Brokers LLC site.
7.5 You acknowledge and agree that any User Content you post is
non-confidential. If you post User Content to the Consultant Brokers LLC site, unless we
indicate otherwise, you grant Consultant Brokers LLC and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable and fully sublicensable right to use,
reproduce, modify, adapt, publish, translate, create derivative works from,
distribute, perform and display such User Content throughout the world in
any media. You grant Consultant Brokers LLC and its affiliates and sublicensees the
right to use the name that you submit in connection with such User Content,
if they choose. You represent and warrant that (a) you own and control all
of the rights to the User Content that you post or you otherwise have the
right to post such User Content to the Consultant Brokers LLC site and to grant the
rights granted herein; (b) the User Content is accurate and not misleading;
and (c) use and posting of the User Content you supply does not violate this
Agreement and will not violate any rights of or cause injury to any person
or entity.
7.6 You understand that Consultant Brokers LLC does not guarantee any confidentiality
with respect to any User Content you submit. You shall be solely responsible
for your own User Content and the consequences of submitting and publishing
your User Content on the Service. You affirm, represent, and warrant that
you own or have the necessary licenses, rights, consents, and permissions to
publish User Content you submit.
7.7 You understand that Consultant Brokers LLC does not select, screen, approve,
endorse or limit those who can post User Content, including without
limitation postings or updates to or relating to the DiscountCarServices.Com Auto Answers,
DiscountCarServices.Com Negotiator, DiscountCarServices.Com How-to-Guides,
DiscountCarServices.Com How-to-Videos,
DiscountCarServices.Com Reviews or DiscountCarServices.Com Ratings. In addition, although we reserve
the right to review, remove or edit any content from the site, we do not
routinely screen, monitor, or review the content of any such User Content.
As a result, we have no control over and we do not warrant or guarantee the
accuracy, adequacy, applicability, completeness, currency or quality of any
such User Content or the qualifications of those posting User Content.
Consultant Brokers LLC SHALL HAVE NO RESPONSIBILITY OR LIABILITY OF ANY KIND FOR ANY
USER CONTENT YOU ENCOUNTER THROUGH THE SERVICES, AND ANY USE OR RELIANCE ON
USER CONTENT IS SOLELY AT YOUR OWN RISK.
7.8 You should be aware that Content presented to you as part of the
Services, including but not limited to advertisements in the Services and
sponsored Content within the Services may be protected by intellectual
property rights which are owned by the sponsors or advertisers who provide
that Content to DiscountCarServices.Com (or by other persons or companies on their
behalf). You may not modify, rent, lease, loan, sell, distribute or create
derivative works based on this Content (either in whole or in part) unless
you have been specifically told that you may do so by
Consultant Brokers LLC or by the
owners of that Content, in a separate agreement.
7.9 Consultant Brokers LLC reserves the right (but shall have no obligation) to
pre-screen, review, flag, filter, modify, refuse or remove any or all
Content from any Service. In addition, there are commercially available
services and software to limit access to material that you may find
objectionable.
7.10 You understand that by using the Services you may be exposed to
Content that you may find offensive, indecent or objectionable and that, in
this respect, you use the Services at your own risk.
7.11 You agree that you are solely responsible for (and that
Consultant Brokers LLC
has no responsibility to you or to any third party for) any Content that you
create, transmit or display while using the Services and for the
consequences of your actions (including any loss or damage which
Consultant Brokers LLC
may suffer) by doing so.
8. Proprietary rights
8.1 You acknowledge and agree that Consultant Brokers LLC (or
Consultant Brokers LLC’s licensors)
own all legal right, title and interest in and to the Services, including
Content, and any intellectual property rights which subsist in the Services
(whether those rights happen to be registered or not, and wherever in the
world those rights may exist). You further acknowledge that the Services may
contain information which is designated confidential by
Consultant Brokers LLC and that
you shall not disclose such information without Consultant Brokers LLC’s prior written
consent.
8.2 Nothing in this Agreement gives you a right to use any of
Consultant Brokers LLC’s trade names, trade marks, service marks, logos, domain names,
and other distinctive brand features.
8.3 Other than the limited license set forth in Section 10,
Consultant Brokers LLC
acknowledges and agrees that it obtains no right, title or interest from you
(or your licensors) under these Terms in or to any Content that you submit,
post, transmit or display on, or through, the Services, including any
intellectual property rights which subsist in that Content (whether those
rights happen to be registered or not, and wherever in the world those
rights may exist). Unless you have agreed otherwise in writing with
Consultant Brokers LLC, you agree that you are responsible for protecting and enforcing
those rights and that Consultant Brokers LLC has no obligation to do so on your behalf.
8.4 You agree that you shall not remove, obscure, or alter any
proprietary rights notices (including copyright and trade mark notices)
which may be affixed to or contained within the Services.
8.5 You agree that in using the Services, you will not use any trade
mark, service mark, trade name, logo of any company or organization in a way
that is likely or intended to cause confusion about the owner or authorized
user of such marks, names or logos.
9. Content license from you
9.1 You retain copyright and any other rights you already hold in Content
which you submit, post or display on or through, the Services. By
submitting, posting or displaying the content you give
Consultant Brokers LLC a
perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license
to reproduce, adapt, modify, translate, publish, publicly perform, publicly
display and distribute any Content which you submit, post or display on or
through, the Services. This license is for the sole purpose of enabling
Consultant Brokers LLC to display, distribute and promote the Services.
9.2 You agree that this license includes a right for
Consultant Brokers LLC to make
such Content available to other companies, organizations or individuals with
whom Consultant Brokers LLC has relationships for the provision of syndicated services,
and to use such Content in connection with the provision of those services.
9.3 You understand that Consultant Brokers LLC, in performing the required technical
steps to provide the Services to our users, may (a) transmit or distribute
your Content over various public networks and in various media; and (b) make
such changes to your Content as are necessary to conform and adapt that
Content to the technical requirements of connecting networks, devices,
services or media. You agree that this license shall permit
Consultant Brokers LLC to
take these actions.
9.4 You confirm and warrant to Consultant Brokers LLC that you have all the rights,
power and authority necessary to grant the above license.
10. Termination by Consultant Brokers LLC
10.1 Consultant Brokers LLC may at any time, terminate its legal agreement with you
for any reason, at Consultant Brokers LLC’s sole discretion, including, but not limited
to the following:
- (A) you have breached any provision of this Agreement
(or have acted in manner which clearly shows that you do not intend to,
or are unable to comply with the provisions of this Agreement); or
- (B) Consultant Brokers LLC is required to do so by law (for
example, where the provision of the Services to you is, or becomes,
unlawful); or
- (C) the partner with whom Consultant Brokers LLC offered the
Services to you has terminated its relationship with
Consultant Brokers LLC or
ceased to offer the Services to you; or
- (D) Consultant Brokers LLC is transitioning to no longer
providing the Services to areas where you are a resident or from which
you use the service; or
- (E) the provision of the Services to you by
Consultant Brokers LLC is, in Consultant Brokers LLC’s opinion, no longer commercially viable.
10.2 Nothing in this Section shall affect Consultant
Brokers LLC’s rights regarding
provision of Services under Section 4 of this Agreement.
11. EXCLUSION OF WARRANTIES
11.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE SERVICES IS
AT YOUR SOLE RISK AND THAT THE SERVICES ARE PROVIDED “AS IS” AND “AS
AVAILABLE.”
11.2 IN PARTICULAR, Consultant Brokers LLC DOES NOT REPRESENT OR WARRANT TO YOU THAT:
(A) YOUR USE OF THE SERVICES WILL MEET YOUR REQUIREMENTS,
(B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR
FREE FROM ERROR,
(C) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE
SERVICES WILL BE ACCURATE OR RELIABLE, AND
(D) THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE
PROVIDED TO YOU AS PART OF THE SERVICES WILL BE CORRECTED.
11.3 ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE
SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS
OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
11.4 NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU
FROM Consultant Brokers LLC OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY
NOT EXPRESSLY STATED IN THE TERMS.
11.5 Consultant Brokers LLC FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS
OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE
IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT.
11.6 While Consultant Brokers LLC endeavors to provide useful Services, including
allowing users and third parties to provide useful information and services
regarding and relating to auto repair and maintenance, auto repair
professionals, auto repair shops and auto repair service providers, you
acknowledge that such information is reliant upon third party data and
contributions, that there are certain inherent limitations to the accuracy
or currency of such information, that such information may be incomplete or
may contain inaccuracies (including without limitation any interpretations
and reviews of such Services) and that all circumstances are unique and the
Services may not be appropriate for your circumstances or may be outdated or
contain errors, omissions or misinterpretations of information.
11.7 You acknowledge and agree that it is your sole responsibility to
conduct an independent evaluation and otherwise verify the accuracy,
suitability, and applicability of the Services for your situation,
circumstances and purposes before relying or acting upon such Services. You
further acknowledge that an Consultant Brokers LLC Rating and the other information
contained in an auto repair professionals’, auto repair shops’ and auto
repair service providers' profile, such as descriptions of areas of
specialization, and other data, summaries or descriptions, are based on the
data obtained by or submitted to Consultant Brokers LLC, which may be incomplete or
inaccurate, and rely on automated interpretations of the information
gathered by or submitted to Consultant Brokers LLC. An
Consultant Brokers LLC Rating does NOT
reflect Consultant Brokers LLC's assessment of a given auto repair professional, auto
repair shop or auto repair service provider. Rather, such ratings are an
aggregation of reviews based upon many factors, including the information
submitted by users to Consultant Brokers LLC. Consequently, someone else's assessment of
the same auto repair professional, auto repair shop or auto repair service
provider may be different or based upon different information. Neither
Consultant Brokers LLC Ratings, nor any of the other information provided through the
Services, are an endorsement of any particular auto repair professional,
auto repair shop or auto repair service provider or are a guarantee of an
auto repair professionals’, auto repair shops’ and auto repair service
providers' quality, competency, qualifications, experience, resources,
character, honesty, integrity, responsiveness or other personal and
professional characteristics. Nor are they a predictor of the outcome of any
matter in which such an auto repair professional, auto repair shop and auto
repair service provider is involved. The information provided on the
Consultant Brokers LLC Web site is intended to be a starting point to gather information
about auto repair professionals, auto repair shops and auto repair service
providers who may be suitable for your automotive parts, repair and
maintenance needs, but you should not rely solely on such information in
deciding whether to hire any given auto repair professional, auto repair
shop or auto repair service provider. Furthermore, you should independently
verify the accuracy of any information you obtain from the Services before
using it, and you should obtain independent references for any auto repair
professionals, auto repair shops or auto repair service providers you are
considering hiring. You agree to be solely responsible for your use of the
Services and for determining the suitability of, and the results obtained
from, any auto repair professionals, auto repair shops and auto repair
service providers you hire.
11.8 Additional information about the Services, including without
limitation, the Consultant Brokers LLC Rating, Consultant Brokers LLC Negotiator,
Consultant Brokers LLC Auto
Answers, Consultant Brokers LLC How-to-Guides or How-to-Videos, the sources of
information displayed on the Consultant Brokers LLC Web site, and other important
matters is contained within the Consultant Brokers LLC Web site itself, and you
acknowledge and agree that your use of the Services, is informed by and
subject not only to these Disclaimers and Terms but also by the information
and explanation available on these pages.
11.9 Consultant Brokers LLC IS NOT RESPONSIBLE FOR ERRORS OR OMISSIONS IN ANY
INFORMATION OR MATERIALS CONTAINED ON THE SITE, INCLUDING WITHOUT LIMITATION
USER CONTENT, AUTO PARTS, REPAIR AND MAINTENANCE INFORMATION, AUTO REPAIR
SHOP PROFILE INFORMATION OR AUTO REPAIR SHOP INFORMATION, SITE MATERIALS,
THE SERVICES, THE Consultant Brokers LLC RATING, Consultant Brokers LLC AUTO ANSWERS,
Consultant Brokers LLC
HOW-TO-GUIDES OR HOW-TO-VIDEOS, OR THE SOURCES OF INFORMATION DISPLAYED ON
THE SITE. WHILE Consultant Brokers LLC ATTEMPTS TO MAKE YOUR ACCESS AND USE OF THE SITE
SAFE, Consultant Brokers LLC CANNOT AND DOES NOT REPRESENT OR WARRANT THAT THE SITE OR
ITS SERVER(S), OR ANY CONTENT OR MATERIALS ARE FREE OF VIRUSES OR OTHER
HARMFUL COMPONENTS; THEREFORE, YOU SHOULD USE INDUSTRY-RECOGNIZED SOFTWARE
TO DETECT AND DISINFECT VIRUSES, SPYWARE, MALWARE, AND OTHER HARMFUL OR
OTHERWISE UNDESIRABLE COMPONENTS FROM ANY DOWNLOAD.
11.10 Consultant Brokers LLC reserves the right to change any and all content
contained in the Consultant Brokers LLC Web site and any Services offered at any time
without notice. Reference to any auto repair professionals, auto repair
shops or auto repair service providers, service providers or organizations,
educational institutions, associations, organizations, publications,
licenses, accreditations, ratings, evaluations, endorsements, reviews,
products, Services, processes or other information, by name, trade name,
trademark, manufacturer, supplier or otherwise does not constitute or imply
endorsement, sponsorship or recommendation thereof, or any affiliation
therewith, by Consultant Brokers LLC.
12. LIMITATION OF LIABILITY
12.1 YOU EXPRESSLY UNDERSTAND AND AGREE THAT Consultant
Brokers LLC, ITS SUBSIDIARIES
AND AFFILIATES, AND ITS LICENSORS SHALL NOT BE LIABLE TO YOU FOR:
(A) ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY
DAMAGES WHICH MAY BE INCURRED BY YOU, HOWEVER CAUSED AND UNDER ANY THEORY OF
LIABILITY. THIS SHALL INCLUDE, BUT NOT BE LIMITED TO, ANY LOSS OF PROFIT
(WHETHER INCURRED DIRECTLY OR INDIRECTLY), ANY LOSS OF GOODWILL OR BUSINESS
REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE
GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS;
(B) ANY LOSS OR DAMAGE WHICH MAY BE INCURRED BY YOU, INCLUDING BUT NOT
LIMITED TO LOSS OR DAMAGE AS A RESULT OF:
(I) ANY RELIANCE PLACED BY YOU ON THE COMPLETENESS, ACCURACY OR EXISTENCE
OF ANY SERVICES OR ADVERTISING, OR AS A RESULT OF ANY RELATIONSHIP OR
TRANSACTION BETWEEN YOU AND ANY ADVERTISER OR SPONSOR WHOSE ADVERTISING
APPEARS ON THE SERVICES;
(II) ANY CHANGES WHICH Consultant Brokers LLC MAY MAKE TO THE SERVICES, OR FOR ANY
PERMANENT OR TEMPORARY CESSATION IN THE PROVISION OF THE SERVICES (OR ANY
FEATURES WITHIN THE SERVICES);
(III) THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE, ANY CONTENT
AND OTHER COMMUNICATIONS DATA MAINTAINED OR TRANSMITTED BY OR THROUGH YOUR
USE OF THE SERVICES;
(IV) YOUR FAILURE TO PROVIDE Consultant Brokers LLC WITH ACCURATE ACCOUNT
INFORMATION; OR
(V) YOUR FAILURE TO KEEP YOUR PASSWORD OR ACCOUNT DETAILS SECURE AND
CONFIDENTIAL;
(C) ERRORS, MISTAKES OR INACCURACIES OF CONTENT; PERSONAL INJURY OR
PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND
USE OF OUR SERVICES; ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS
AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED
THEREIN; ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR
SERVICES; ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE
TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD PARTY, AND/OR ANY ERRORS
OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED
AS A RESULT OF YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED OR
OTHERWISE MADE AVAILABLE VIA THE SERVICES ; WHETHER BASED ON WARRANTY,
CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF
LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE
APPLICABLE JURISDICTION.
(D) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT Consultant
Brokers LLC SHALL NOT BE
LIABLE FOR THE DEFAMATORY OR OFFENSIVE CONTENT OR DANGEROUS OR ILLEGAL
CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE
FOREGOING RESTS ENTIRELY WITH YOU.
(E) THESE EXCLUSIONS OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT
PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT
TO USE THIS SITE.
(F) YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES
RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.
12.2 THE LIMITATIONS ON Consultant Brokers LLC’S LIABILITY TO YOU IN PARAGRAPH 12.1
ABOVE SHALL APPLY WHETHER OR NOT Consultant Brokers LLC HAS BEEN ADVISED OF OR SHOULD
HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
13.
Indemnification
13.1 You agree to defend, indemnify and hold harmless
Consultant Brokers LLC, its
corporate affiliates, independent contractors, service providers and
consultants, and each of their respective directors, employees and agents,
from and against any claims, damages, costs, liabilities and expenses
(including, but not limited to, reasonable attorneys' fees) arising out of
or related to any User Content you post, store or otherwise transmit on or
through the Services, or your use of or inability to use the Services,
including without limitation any actual or threatened suit, demand or claim
arising out of or relating to the User Content, your conduct, your violation
of this Agreement or your violation of the rights of any third party.
14. Dispute Resolution
14.1 All disputes between you and Consultant Brokers LLC arising or relating to: (a)
this Agreement; (b) the Services; (c) any advertisement or promotion
relating to this Agreement or the Services; or (d) transactions effectuated
through this Services; or (e) any use of the Consultant Brokers LLC websites or other
Services; or (f) the relationship which results from this Agreement
(including relationships with third parties who are not party to these
Terms) shall be resolved by binding individual arbitration under the
American Arbitration Association's rules for consumer-related disputes.
Neither you nor Consultant Brokers LLC will participate in a class action or class-wide
arbitration for any claims covered by this agreement. If this class action
waiver is found to be unenforceable in a particular case, then this entire
arbitration agreement shall be null and void in that case. This agreement
shall be governed by the Federal Arbitration Act and, where consistent,
California law. Consultant Brokers LLC reserves the right to change this dispute
resolution provision, but any such changes will not apply to disputes filed
before the effective date of the amendment. This provision will survive the
termination of your right to use the Services.
15. Copyright policies
15.1 It is Consultant Brokers LLC’s policy to respond to notices of alleged copyright
infringement that comply with applicable international intellectual property
law (including, in the United States, the Digital Millennium Copyright Act)
and limiting access to the Services and/or to terminating the accounts of
repeat infringers. Consultant Brokers LLC may also at its sole discretion limit access
to the Services and/or terminate the accounts of any users who infringe any
intellectual property rights of others, whether or not there is any repeat
infringement. If you believe that any material on the
Consultant Brokers LLC Web site
infringes upon any copyright which you own or control, you may file a
notification of such infringement with our Designated Copyright Agent
(“DCA”) as set forth below.
(A) A physical or electronic signature of a person authorized to act on
behalf of the owner of an exclusive right that is allegedly infringed;
(B) Identification of the copyrighted work claimed to have been
infringed, or, if multiple copyrighted works at a single online
Consultant Brokers LLC
site are covered by a single notification, a representative list of such
works at that Consultant Brokers LLC site;
(C) 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
Consultant Brokers LLC to locate the material;
(D) Information reasonably sufficient to permit Consultant
Brokers LLC to contact
you, such as an address, telephone number, and, if available, an electronic
mail address;
(E) A statement that you have 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; and
(F) A statement that the information in the notification is accurate, and
under penalty of perjury, that you are authorized to act on behalf of the
owner of an exclusive right that is allegedly infringed.
(G) Full Address of Designated Copyright Agent to Which
Notification Should be Sent: Designated Copyright Agent, Do Be Determned
(H) Telephone Number of Designated Copyright Agent: TBD
(I) E-Mail Address of Designated Copyright Agent:
TBD
(J) We may give notice of a claim of copyright infringement to our users
by means of a general notice on the DiscountCarServices.Com Web site, electronic mail to
a user's e-mail address in our records, or by written communication sent by
first-class mail to a user's address in our records.
16. Advertisements
16.1 Some of the Services are supported by advertising revenue and may
display advertisements and promotions. To help make the advertisements
relevant and useful to you, Consultant Brokers LLC may serve advertisements based on the
information we collect from you or in relation to your interaction on our
site. See the Privacy Policy for more details. These advertisements may be
targeted to the content of information stored on the Services, queries made
through the Services or other information.
16.2 The manner, mode and extent of advertising by
Consultant Brokers LLC on the
Services are subject to change without specific notice to you.
16.3 In consideration for Consultant Brokers LLC granting you access to and use of
the Services, you agree that Consultant Brokers LLC may place such advertising on the
Services.
17. Other content
17.1 The Services may include hyperlinks to other non-Consultant
Brokers LLC Web
sites, services, products, content or resources. Consultant Brokers LLC may have no
control over any non-Consultant Brokers LLC Web sites or resources which are provided by
companies or persons other than Consultant Brokers LLC.
17.2 You acknowledge and agree that Consultant Brokers LLC is not responsible for the
availability of any such hyperlinks or such external non-Consultant Brokers
LLC Web
sites, services, products, content or resources, and does not endorse any
advertising, products or other materials on or available from such
Consultant Brokers LLC Web sites or resources.
17.3 You acknowledge and agree that Consultant Brokers LLC is not liable for any loss
or damage which may be incurred by you as a result of the availability of
those external non-Consultant Brokers LLC Web sites, services, products, content or
resources, or as a result of any reliance placed by you on the completeness,
accuracy or existence of any advertising, products or other materials on, or
available from, such Consultant Brokers LLC hyperlinks, Web sites or resources.
17.4 Without limiting the generality of the foregoing, Google Maps is
supplied by Google, Inc., and use thereof is subject to the Google terms of
use.
18. Changes to this Agreement
18.1 Consultant Brokers LLC may make changes to this Agreement from time to time.
18.2 You understand and agree that if you use the Services after the date
on which this Agreement has changed, your use is acceptance of the updated
Agreement.
19. General legal terms
19.1 Sometimes when you use the Services, you may (as a result of, or
through your use of the Services) use a service or download a piece of
software, or purchase goods, which are provided by another person or
company. Your use of these other services, software or goods may be subject
to separate terms between you and the company or person concerned. If so,
this Agreement does not affect your legal relationship with these other
companies or individuals.
19.2 The Terms constitute the whole legal agreement between you and
Consultant Brokers LLC and govern your use of the Services (but excluding any services
which Consultant Brokers LLC may provide to you under a separate written agreement), and
completely replace any prior agreements between you and
Consultant Brokers LLC in
relation to the Services.
19.3 You agree that Consultant Brokers LLC may provide you with notices, including
those regarding changes to Agreement, by email, regular mail, or postings on
the Services. You consent to receive e-mails from Consultant Brokers LLC, which may
include commercial e-mails.
19.4 You agree that if Consultant Brokers LLC does not exercise or enforce any legal
right or remedy which is contained in this Agreement (or which
Consultant Brokers LLC
has the benefit of under any applicable law), this will not be taken to be a
formal waiver of Consultant Brokers LLC’s rights and that those rights or remedies will
still be available to Consultant Brokers LLC.
19.5 If any court of law, having the jurisdiction to decide on this
matter, rules that any provision of these Terms is invalid, then that
provision will be removed from this Agreement without affecting the rest of
this Agreement. The remaining provisions of this Agreement will continue to
be valid and enforceable.
19.6 You acknowledge and agree that each member of the group of companies
of which Consultant Brokers LLC is the parent or affiliate shall be third party
beneficiaries to this Agreement and that such other companies shall be
entitled to directly enforce, and rely upon, any provision of this Agreement
which confers a benefit on (or rights in favor of) them. Other than this, no
other person or company shall be third party beneficiaries to this
Agreement.
19.7 The Terms, and your relationship with Consultant
Brokers LLC under this
Agreement, shall be governed by the laws of the State of California without
regard to its conflict of laws provisions. You and Consultant Brokers LLC agree to
submit to the exclusive jurisdiction of the courts located within the county
of Los Angeles, California to resolve any legal matter arising from this
Agreement. Notwithstanding this, you agree that Consultant Brokers LLC shall still be
allowed to apply for injunctive remedies (or an equivalent type of urgent
legal relief) in any jurisdiction.
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