Terms of Services
LAST UPDATE OF THESE TERMS AND CONDITIONS: SEPTEMBER 1, 2010
EXPERT CAR ADVICE.COM IS OWNED AND OPERATED BY EXPERT CAR ADVICE, LLC (A COLORADO LIMITED LIABILITY COMPANY). EXPERT CAR ADVICE SHALL REFER TO BOTH THE WEB SITE AND TO THE CORPORATE OWNERSHIP OF THE WEBSITE, AND, COLLECTIVELY THEY WILL BE REFERRED TO IN THIS DOCUMENT AS “WE,” “US,” “ECA” OR THE “COMPANY.” AS THE USER OF THE SITE AND ITS SERVICES, WE SHALL REFER TO YOU INTERCHANGEABLY AS “YOU” OR THE “USER” OR THE “CUSTOMER.”
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND EXPERT CAR ADVICE, LLC (HEREINAFTER "ECA") STATING THE TERMS THAT GOVERN YOUR USE AND LEGAL RIGHTS WHILE YOU ARE USING THE ECA ONLINE EXPERT REPAIR ADVICE AND SERVICE (HEREINAFTER THE “SERVICE”). PLEASE READ THE FOLLOWING TERMS OF SERVICE CAREFULLY BEFORE ENTERING OR USING THE SERVICE. THESE TERMS OF SERVICE (HEREINAFTER THE “AGREEMENT”) - TOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, SOFTWARE LICENSES, AND ALL OF ECA'S RULES AND POLICIES - COLLECTIVELY CONSTITUTE THE AGREEMENT BETWEEN YOU AND ECA. TO AGREE TO THESE TERMS, CLICK "I AGREE" AT THE BOTTOM OF THIS PAGE, OR CONTINUE USING THE SERVICE AS WE WILL ASSUME, THEREFORE, THAT YOU HAVE AGREED TO BE BOUND TO. IF YOU DO NOT AGREE TO THESE TERMS, CLICK "I DISAGREE," OR LEAVE THE SITE AS YOU WILL NOT BE PERMITTED TO USE THE SERVICE. YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU: CHANGES, ADDITIONS, OR DELETIONS WILL NOT BE ACCEPTED AND WILL UNDER NO CIRCUMSTANCES BECOME PART OF THIS AGREEMENT. ECA MAY REFUSE ACCESS TO THE SERVICE FOR NONCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
Definition of the Service. ECA is the provider of the Service. The Service grants licenses to users of two types—to experts and to customers (like You) who enter onto the website and carry on discussions between themselves, unmonitored and uncensored by ECA, for the purposes of diagnosing and repairing automobile and vehicle mechanical problems. You may engage an expert for a fee from our many screened experts to answer a typed question and to receive responses to your query either electronically or by telephone. You may also elect to receive diagrams, charts, tables and photographs to assist you in your repairs.
What ECA and/or the Service DO NOT do. ECA does not provide the advice, its experts do. In the event that You cannot properly diagnose or do not understand the mechanical problem or cannot implement repairs following the receipt of information in any form from an expert, ECA strongly recommends that you seek local, licensed, professional assistance and advice so as not to cause a hazard for You, passengers or persons sharing the road with You and your vehicle. ECA DOES NOT GRANT A WARRANTY OR A GUARANTEE ON ANY ADVICE RECEIVED FROM PERSONS YOU MAY ENGAGE AS EXPERTS ON THIS SITE. WE DO NOT MAKE REPAIRS TO YOUR VEHICLE. AUTOMOBILES ARE COMPLEX MULTI-SYSTEM MACHINES THAT CAN CAUSE SEVERE INJURY AND DEATH TO YOU, PASSENGERS AND THIRD PARTIES WITH WHOM YOU SHARE THE ROAD IF NOT PROPERLY MAINTAINED OR IF THEY ARE IMPROPERLY SERVICED. BY USING THIS SITE, YOU ASSUME ALL RESPONSIBILITY AND RISK OF DAMAGE OR LOSS FROM ANY REPAIRS YOU MAY UNDERTAKE ON YOUR VEHICLE AS A RESULT OF INFORMATION RECEIVED FROM EXPERTS WHO ALSO USE THIS SITE. BY USING OUR SITE AND ACCEPTING THESE TERMS AND CONDITIONS, YOU INDEMNIFY AND HOLD ECA HARMLESS FOR ANY DAMAGES, LOSSES, INJURIES, OR CLAIMS THAT YOU OR ANY THIRD PARTY WHO CLAIMS THEY WERE DAMAGED OR INJURED BY YOU AS A RESULT OF REPAIRS YOU ATTEMPTED ON YOUR VEHICLE FOLLOWING THE USE OF OUR SITE.
What You Receive Upon Registration. Clicking “I AGREE” below means you agree to the terms and conditions stated herein and that you have applied to ECA for a license to use the Service. ECA may, at its sole discretion, deny or otherwise decline to accept your application. Upon ECA’s acceptance of your application, you will be issued a password and login. ECA will also grant you a non-exclusive, personal, revocable, non-transferable license to use the Service and the underlying source code of its proprietary software, under the condition that you adhere to the terms and conditions herein and that you agree not to copy, modify or reverse engineer our software. You further agree that you will always access our Service through the customer interface; entering into our proprietary software or Service through any other means is strictly prohibited, will be considered trespass, and will be prosecuted to the fullest extent of the law.
The license allows you to use the Service for your personal non-commercial use. Any commercial and/or non-personal use of the Service is prohibited.
ECA Warnings: THE SERVICE IS OFFERED ON AN “AS-IS,” “WHERE-IS,” “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS AND ECA IS NOT RESPONSIBLE FOR COMMUNICATION ERRORS OR LAPSES IN YOUR PROVIDER’S COMMUNICATION NETWORK OR YOUR DEVICE’S RELIABILITY AND/OR SERVICE FAILURES.
IF YOU EXPERIENCE A LIFE-THREATENING SITUATION OR A MEDICAL EMERGENCY, CALL 911 OR YOUR DOCTOR IMMEDIATELY. THE SERVICE IS AUTOMATED AND PURELY INFORMATIONAL IN NATURE. THERE IS NO ONE WORKING AT ECA WHO IS PROPERLY TRAINED TO FIELD OR RESPOND TO ANY SUCH MEDICAL EMERGENCY CALLS.
Age Requirements for Establishment of the Service. This Service is available only to individuals aged 18 years or older. Persons under the age of 18 certainly may and are encouraged to use the site for repairs necessary to their vehicles; however, this Agreement must be approved by the account holder’s parent or guardian to make sure that the child’s parent(s) or guardian(s) understand the terms and conditions herein.
Responsibility for Information Sent. You are solely responsible for transmissions sent to You from an ECA expert. If You have paid for and have received incorrect diagrams or other support files meant to assist You in Your automobile repairs, it is imperative that you review the records once downloaded to assure completeness and accuracy and that the records are the ones You need. You must contact Us immediately using our “Contact Us”/”Have a Question for Support tabs, selecting the button that says “Contact Support.” User understands that ECA is not responsible to User for any losses, actions or claims arising from transmission of an improper file, and ECA’s sole liability is limited to replacement of the wrong information with the correct information that You paid for and should have received.
Standards of Decency. You understand that by using the Service, you may exchange electronic mail messages or see content on Our site that may be offensive to you. Nevertheless, you agree to use the Service at your sole risk and that ECA shall have no liability to you for content that may be found to be offensive, indecent or inaccurate. BE MINDFUL THAT YOUR QUESTIONS AND THE ANSWERS GIVEN BY OUR EXPERTS IS IN THE PUBIC DOMAIN AND IS NOT PRIVATE CONVERSATION; THE QUESTIONS AND RESPONSES ARE WEB BASED CONTENT THAT MAY BE SEARCHABLE AND DISCOVERABLE THROUGH ANOTHER PERSON’S USE OF A SEARCH ENGINE. ECA makes no inspection, nor can we possibly have control over all conversations held on Our site. Use common sense and decent language at all times in your postings. Any postings brought to the attention of ECA that are indecent in the sole discretion of the Management of ECA will be removed.
Code of Conduct. In using the Service, you agree to obey all laws with respect to the Service and to adhere to any Code of Conduct we will post from time-to-time in a separate tab on our home page. You agree not to resell or redistribute any information You receive from our Site unless you have negotiated a separate written agreement with us. You will not, under any circumstances, modify, reprogram or employ any device such as a spider or bot to gain access to Our site, the compiled source code that operates the Site or enter into the Site through any other means or method other than the public “front entrance” found on Our homepage. You agree not to intentionally spam or overload the service in an attempt to “crash” or destroy the ECA system. As a user of the Service, you agree not to use the Service in any way that harms the Service, the site, and/or the reputation of us, our affiliated entities, our agents, resellers or others employed or under agreement with ECA.
You agree to notify ECA promptly in the event you know of or discover a security breach or a person or person(s) intentionally trying to cause harm to the ECA site or any of its content.
You represent and warrant to ECA, and You agree not to conduct any of the following activities while using Our Site:
1. Hack into our software or source code;
2. Transmit any information or files that contain viruses, Trojan Horses, time bombs, bots, or spyware or upload any information or files that would, in any way, disable or disrupt our Site from operating in its normal function;
3. Solicit any product or service on our site whether it competes without service offering or not, without contacting our offices and receiving permission through payment of a fee and approval of the content of Your solicitation;
4. Disrupt the conversation or interrupt the dialog of any other persons who are using Our Site;
5. Conduct any activity or promote or encourage activity that is or could be criminal or would give rise to a civil liability or would harm or exploit any other person;
6. Impersonate another person or an expert on the Site whether the intent is playful or harmful;
7. Collect personal data through any means;
8. Making unsolicited contact of another person who is using the Site;
9. Post or transmit any information on the Site that is harmful, profane, tortuous, vulgar, indecent, obscene, negative toward any person in a way that pertains to a person’s national origin, religion, gender, sexual preference or handicap, that is the personal information of another person, is information that violates the intellectual property rights of any third party or is otherwise objectionable as determined in the sole discretion of ECA, enforcement of such discretion may be arbitrary and unreasonable;
10. Posting or transmitting anything that in any way exploits, stalks, exhibits violence or harasses another person.
Our site is private property. We reserve the right to remove and to permanently erase or to collect anything you may post on Our Site for the purposes of litigation and then remove it permanently at our sole discretion such enforcement may be arbitrary and unreasonable. If You have violated the Code of Conduct, You can expect to be banned from the Site and can expect legal or criminal consequences—you do not have First Amendment rights to say anything You like on Our Site, and if that offends You in any way, please discontinue use of our Site.
You are directly responsible for any uploads of information, including conversations or other similar postings that You put on our site. Anything you post shall be considered non-proprietary and non-confidential. As soon as You post anything on Our Site, You irrevocably grant a non-exclusive, world-wide, royalty-free license to Your uploaded information, including, without limitation, all patents, trademarks, service marks, copyrights, trade secrets, logos, domain names, know-how, source code, authors’ rights and any other intellectual property whatsoever that may be contained in Your uploaded information. You further agree that ECA and its officers, directors, agents, affiliates, employees shall have the right throughout the universe, in perpetuity, without credit or compensation to You to reuse, modify, alter, display, publish, sub-license, reproduce, disclose, transmit, broadcast, sell, translate, distribute in the form of advertising, produce derivative works and your name, voice, likeness and any other identifying information without limitation. You waive all rights You may have in information You upload to our Site. You further waive any approval rights to any alteration or modification we may make to your uploaded information even if our modifications are disagreeable to You.
Site Disclaimer. The experts who will do their best to answer Your questions on Our Site may provide answers on many topics not limited to the repair of automobiles. ECA does not endorse or guarantee that the information You receive from an expert is correct or relevant to Your repair needs. ECA makes no representation about the qualification of an expert, and be mindful that We have performed minimal diligence on the credentials of an expert, if any diligence is done at all. By using this Site, You are acknowledging that You received information from those individuals and not from ECA, its managers, officers, directors or professional consultants. ECA is not responsible for the information provided to You by any expert other than ECA will make a replacement of written or downloaded diagrams or support materials that were provided to You in error.
System Requirements. Use of the Service requires one or more compatible devices, Internet access (fees may apply), and certain software (fees may apply). Use of the Service may also require obtaining updates or upgrades from time to time. Because use of the Service involves hardware, software, and Internet access, your ability to use the Service may be affected by the performance of these factors. High speed Internet access is strongly recommended, but not required, for use of the Service. You acknowledge and agree that such system requirements, which may be changed from time to time, are your responsibility. The Service is not part of any other product or offering, and no purchase or obtaining of any other product shall be construed to represent or guarantee you access to the Service.
Passwords and Confidentiality. Upon registering for the service, you will be prompted to create a unique password and a passphrase for encryption/decryption purposes. You are solely responsible for safeguarding the confidentiality of these pieces of information. Any password is meant to be used by the person to whom it was issued ONLY. ECA is not responsible for any misuse of a password that was improperly safeguarded (and was thereby stolen from You) or was intentionally given to a third party by You.
Endorsement of Third Party Products Sold on Our Site. You may encounter advertising by third party vendors who are not related in any way to ECA other than they have paid for the use of space on Our Site to promote their goods and services. Content of such advertising is NOT the responsibility of ECA and it may contain errors, outdated information, omissions, offensive content and may be incomplete. ECA does not represent or warrant the accuracy, completeness, reliability or veracity of any advertising content and will not be liable for any use or purchase of any product or service so advertised on Our Site that You may purchase. You agree that Your sole remedy for any third party vendor activity and the only place where You can lodge a complaint, concern or question about the product or service is to contact the vendor directly.
Links to other Web sites are provided solely as a convenience to you. You agree that you will not use any third-party materials in a manner that would infringe or violate the rights of any other party, and that ECA is not in any way responsible for any such use by you. If you click on an advertiser’s ad and you are taken to a site other than ECA’s site, you are assuming all responsibility for: (i) lost data; (ii) unsaved data in the ECA presence that you left; (iii) loss of links to return to the ECA site; (iv) possible intrusion to your ECA information through the link to the third party site.
Policies and Rules. We reserve the right to change the terms of this Agreement at any time. You will be notified of any changes to this Agreement at your next login following the uploading of the new terms. ECA is not responsible if several weeks or months pass between the times you access the site in the event modification have occurred in our Terms of Use and you do not receive the notification timely because you did not access the site regularly.
ECA's Privacy Policy. Except as otherwise expressly provided for in this Agreement, the Service is subject to ECA's Privacy Policy at www.Expertcaradvice.com, which is expressly made a part of this Agreement. Since your agreement to these Terms of Service includes an agreement to ECA’s Privacy Policy, you should read and understand the Privacy Policy before clicking “I Agree.”
Territory for Use of Service. The Service is available to you only in the United States, its territories, and possessions. ECA operates this Site in the United States of America.
Agreement to Pay.
Free Service. If you have opted to simply peruse the Site on a “free” basis, you will receive no statements and will not be obligated to pay anything unless you decide to purchase a service or item on our site from one of our experts or vendors, completely at your discretion.
Payments for Answers to Questions. Our Site is organized so that You may receive one of four levels of Service from our experts and from Our library of articles and diagrams designed to assist You in repairing Your vehicle. The cost of what You pay Us for use of our site and the Service depends on the level of service You require. Current pricing for each of the levels of service is displayed on the front page of Our site, and You will be informed of the cost multiple times prior to “Checkout” and initiation of the Service level You desire.
Our levels of service include four different and distinct categories, ranging from the basic receipt of a diagram without any instruction or assistance, to live telephonic support. The way our system is built, each higher level of service entirely encompasses each of the levels of service below it. For example, if you only need a wiring diagram for the wiring harness of a car, You may be perfectly satisfied with Level One, getting the diagram by itself. Should you want written instructions on how to disassemble and reassemble an assembly, You may want diagrams AND written instructions, so the selection of Level Two is more appropriate. You now have purchased all the features of Level Two, and You can get the diagrams You need because Level Two incorporates Level One’s features as well for the same price—You pay the enhanced price of Level Two and receive all of the benefit of both Level One and Two, and so on.
If You have decided to “phone a friend” and speak directly to an expert, You have all of the benefits of all four levels of service including follow-up e-mails, diagrams and the step-by-step written instructions.
Level One. DIAGRAMS ONLY. For belt and wiring diagrams, part locations or any pictures or diagrams that you need to repair your vehicle, without the need for on-line or live support.
Level Two. STEP-BY-STEP REPAIR. Written instructions in s step-by-step method on how to remove and to replace a part, set timing, or any automotive repair you need instruction in order to complete the repair, but not on-line or live discussion.
Level Three. DIAGNOSTIC HELP. For times when you need help to find out why the “Check Engine” light may be illuminated or to get on-line technical help with any automotive concern requiring help in diagnosing the symptoms that are occurring.
Level Four. TECH TALK. When you need to speak directly with an expert on our Site, one-on-one, by telephone (or Skype, if available), to address your diagnostic or repair concerns, or to assist you in interpreting diagrams, pictures or the step-by-step repair instructions.
Payment for Answers, Services or Products. You agree to pay for all answers, services or products you purchase through ECA, and ECA may charge your credit card or PayPal account for any such purchases, and for any additional amounts (including any taxes and late fees, as applicable) as may be accrued by or in connection with your Account. YOU ARE RESPONSIBLE FOR THE TIMELY PAYMENT OF ALL CHARGES AND FOR PROVIDING ECA WITH VALID CREDIT CARD OR PAYPAL ACCOUNT DETAILS FOR PAYMENT OF ALL CHARGES. All charges will be billed to the credit card, or the PayPal account, you designate during the registration process. If you want to designate a different credit card, or if there is a change in your credit card or PayPal account status, you must change your credit card or PayPal account information online at the Account Info section of the Service. (There may be a temporary disruption of your access to the Service until ECA can verify the validity of the new credit card or PayPal account information).
Repair Shops. Each Repair shop shall agree to provide up-to-date Credit Card information and allow the Company to charge the monthly Service Fee each and every month until at such point the repair shop decides to terminate. You also agree to waive your rights to dispute any payments by Credit Card after it has been taken. You agree that the Service Fee will be charged every month on the same day of the month the account was originally created. You agree and understand this monthly fee is not refundable. Even when using the fees to ask a question and not satisfied with the answer as the fee is for being listed in the directory and the use of funds for questions is just a perk for being listed. The Company has the right to increase the Service Fee by providing thirty (30) days notice to each Member. Valid notice may be provided on the Website. You may terminate the Services at any time by providing the Company notice in writing or by sending an email to support@expertcaradvice.com. This termination will become effective thirty (30) days after receipt of notice of termination. If you fail to make payment, the Company shall be entitled to recover those overdue payments, interest at a rate of 8% per annum, all attorneys’ fees, and expenses in the collection of that debt. The Company shall also have the right to terminate or suspend the Services.
Right to Change Prices and Availability of Products. Prices and availability of any products are subject to change at any time.
Electronic Signatures and Contracts. Your use of the Service includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS AND TRANSACTIONS. YOUR AGREEMENT AND INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO ALL TRANSACTIONS YOU ENTER INTO ON THIS SERVICE, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.
Technical Problems. On occasion, technical problems may delay or prevent delivery of the Service. Your exclusive and sole remedy with respect to services that are not available within a reasonable period will be a refund of the price paid for such service, as determined by ECA, on a pro rata basis.
Intellectual Property.
Acknowledgement of Ownership. You agree that the Service, graphics, user interface, audio clips, video clips, editorial content, and the scripts and software used to implement the Service, contain proprietary information and material that is owned by ECA and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, trademark and patent laws, and that you will not use such proprietary information or materials in any way whatsoever except for to use the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means, except as expressly permitted hereunder. You agree not to modify, rent, lease, loan, sell, distribute, or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever, including but not limited to, by trespass or burdening network capacity. You may not add a link to any Site within Your control to link to Our Site except by express written permission from ECA.
Removal of ECA Content or Other Materials. Notwithstanding any other provision of this Agreement, ECA and its licensors reserve the right to change, suspend, remove, or disable access to any Service, content, or other materials comprising a part of the Service at any time, without notice. In no event will ECA be liable for the removal of or disabling of access to any such Service, content or materials under this Agreement. ECA may also impose limits on the use of or access to certain features or portions of the Service, in any case and without notice or liability.
Copyrights. All copyrights in and to the Service, including but not limited to the software, are owned by ECA and/or its licensors, who reserve all their rights in law and equity. THE USE OF THE SOFTWARE OR ANY PART OF THE SERVICE, EXCEPT FOR USE OF THE SERVICE AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.
Pursuant to 17 USC § 512, ECA shall receive written notice of claimed infringements and shall process any claims received in accordance with the law as amended in Title II of the Digital Millennium Copyright Act. IF YOU BELIEVE A COPYRIGHT YOU OWN IS BEING INFRINGED, PLEASE COMPOSE A NOTICE OF INFRINGEMENT THAT CONTAINS THE FOLLOWING INFORMATION AND MAIL IT TO OUR ADDRESS BELOW:
· Identification of the work claimed to be infringed;
· Identification of the material that is claimed to be infringing and that is to be removed or disabled in a format that ECA can reasonably find the material;
· Contact information in the form of name, address, telephone number and electronic mail address as well as the electronic signature of the party or agent of the party alleged to be infringed;
· A statement that reflects that the complaining party has a good faith belief that the material is used in a manner not authorized by the copyright owner;
· A statement that the information in the complaint is accurate and the party making such notification is authorized to act on behalf of the copyright owner;
| Our address: | Legal Department |
| ExpertCarAdvice, LLC | |
| c/o Effusion Legal Group, LLLP | |
| 5670 Greenwood Plaza Boulevard--Penthouse | |
| Greenwood Village, CO 80111 |
Any notice that does not substantially comply with these basic requirements (and any other requirements that may be modified or amended from time-to-time in the Act) shall be disregarded by ECA as providing actual knowledge of facts or circumstances that an infringing activity is taking place or is apparent. We will respond to an inquiry that complies with the notice requirements above. We are not responsible for the return or destruction of any submissions to Us that we, in our sole discretion, deem as defective under the Act.
Trademarks. ECA, the ECA logo, and other ECA trademarks, service marks, graphics, and logos used in connection with the Service are trademarks or registered trademarks of ECA, Inc. in the U.S. and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license with respect to any of the aforesaid trademarks, and any use of such trademarks without prior written consent is prohibited.
Termination.
ECA’s Termination of the Service. ECA reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, with or without cause, and ECA will not be liable to you or to any third party should it exercise such rights. We may withdraw, suspend or discontinue any function or feature of the Service. ECA reserves the right to deny access to the Site to any person, expert or customer in its sole discretion such decision may be completely arbitrary or unreasonable. Any violation of the terms and conditions of these Terms may be referred to law enforcement authorities. Upon written demand by Us, You agree to destroy all materials obtained from this Site and all related documentation.
General Compliance with Laws. You agree to comply with all local, state, and federal laws, statutes, ordinances, and regulations that apply to your use of the Service and any content that is downloaded from this Site by You.
Enforcement of These Terms. ECA reserves the right to takes steps it believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ECA's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights). You agree that ECA has the right, without liability to you, to disclose any Registration Data and/or Account information to law enforcement authorities, government officials, and/or a third party, as ECA believes is reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to ECA's right to cooperate with any legal process relating to your use of the Service and/or Products, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
Disclaimer of Warranties; Liability Limitations.
ECA DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, AND YOU AGREE THAT FROM TIME TO TIME ECA MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU.
YOU EXPRESSLY AGREE THAT YOUR USE OF, OR INABILITY TO USE, THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE AND ALL PRODUCTS AND SERVICES DELIVERED TO YOU THROUGH THE SERVICE ARE (EXCEPT AS EXPRESSLY STATED BY ECA) PROVIDED "AS IS" “WHERE-IS” “WITH ALL FAULTS” AND "AS AVAILABLE" FOR YOUR USE, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, THE ABOVE EXCLUSION OF IMPLIED WARRANTIES MAY NOT APPLY TO YOU.
IN NO CASE SHALL ECA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICE OR FOR ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF THE SERVICE, 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 ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, 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, ECA OR ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES' LIABILITY SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW. IN ALL CASES EXCEPT THOSE WHERE SUCH A LIMITATION IS NOT ALLOWED BY STATUTORY LIMITATION, ECA, ITS OFFICERS, DIRECTORS, AGENTS AND EMPLOYEES' TOTAL LIABILITY TO YOU FOR ANY ACTUAL LOSSES OR DAMAGES SHALL NOT EXCEED THE SUM OF THE FEES PAID TO ECA BY YOU DURING THE PRECEDING TWELVE MONTHS FOR YOUR USE OF THE SERVICE(S). IF YOU HAVE NOT PAID ANYTHING DURING THE PRECEDING TWELVE MONTHS FOR THE SERVICES, THEN ECA’S TOTAL LIABILITY SHALL BE LIMITED TO THE SUM OF ONE DOLLAR ($1.00 US).
ECA SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH THE SERVICES, BUT YOU ACKNOWLEDGE AND AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK, AND ECA HEREBY DISCLAIMS ANY AND ALL LIABILITY TO YOU FOR ANY LOSS OR LIABILITY RELATING TO SUCH INFORMATION IN ANY WAY.
ECA DOES NOT REPRESENT OR GUARANTEE THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND ECA DISCLAIMS ANY LIABILITY RELATING THERETO. PRODUCTS CAN ONLY BE DOWNLOADED ONCE; AFTER BEING DOWNLOADED, THEY CANNOT BE REPLACED IF LOST FOR ANY REASON. YOU SHALL BE RESPONSIBLE FOR BACKING UP YOUR OWN SYSTEM, INCLUDING ANY PRODUCTS PURCHASED OR OTHERWISE DOWNLOADED FROM THE SERVICE THAT ARE STORED IN YOUR SYSTEM.
Waiver and Indemnity.
BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD ECA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, YOUR USE OF THE SERVICE, OR ANY ACTION TAKEN BY ECA AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS MEANS THAT YOU ARE BARRED FROM SUING OR RECOVERING ANY DAMAGES FROM ECA, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF ECA'S CONCLUSION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED. THIS WAIVER AND INDEMNITY PROVISION APPLIES TO ALL VIOLATIONS DESCRIBED IN OR CONTEMPLATED BY THIS AGREEMENT.
Changes. ECA reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, prices, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately and incorporated into this Agreement. Your continued use of the Service following any such changes will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by reference.
Notices. ECA may send you notice with respect to the Service by sending an email message to the email address listed in your ECA Account contact information, by sending a letter via postal mail to the contact address listed in your ECA Account contact information, or by a posting on the Service. Notices shall become effective immediately.
Governing Law. This Agreement is entered into in Douglas County, Colorado, and shall be governed by the laws of the State of Colorado except in those circumstances where Federal law applies, and, in the case of any matters under Federal law. You agree the venue shall be that federal Court with jurisdiction over Douglas County, Colorado. You agree that the performance of this Agreement does not take place outside of the County of Douglas, State of Colorado for any purposes.
Miscellaneous. This Agreement constitutes the entire agreement between you and ECA and governs your use of the Service, superseding any prior agreements between you and ECA. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software. If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. ECA's failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. ECA will not be responsible for failures to fulfill any obligations due to causes beyond its control. We reserve the right to assign our rights and duties under this Agreement to any person at any time without notice to you, nor will we contact you or seek your approval on any such assignment.
PLEASE PRINT A COPY OF THESE TERMS OF SERVICE FOR YOUR RECORDS.
By selecting “I agree,”, You are acknowledging that You have read this Agreement; that You understand each provision, term and condition; and that You agree to be bound by this Agreement.
