<ul>
<li> Bad Credit? Get An Auto Loan Today! </li>
</ul> HOME | PRIVACY POLICY | TERMS OF USE <p>Rally Box Terms of Use</p>
<p>Last updated: December 2019</p>
<p>By accessing or using our Services, you agree to be bound by
the terms and conditions of these Terms of Use (this "Agreement") and
our Privacy Policy (the "Privacy Policy").
The terms "we,"
"us," or "our" mean Rally Box, and its domestic
legal subsidiaries and affiliates.
The term "Services," means,
collectively, various websites, applications, widgets, email notifications and
other mediums, or portions of such mediums, through which you have accessed
this Agreement.
The website www.AutoLoanExpress.co is sometimes referred to as "our
website".</p>
<p>This Agreement contains an agreement to arbitrate all claims
and disclaimers of warranties and liability.</p>
<p>Your Compliance with this Agreement.
You acknowledge that
this Agreement is supported by reasonable and valuable consideration, the
receipt and adequacy of which is hereby acknowledged.
Without limiting the
foregoing, you acknowledge that such consideration includes, without
limitation, your ability to visit, use and/or submit information to our
Services.</p>
<p>You represent that you have the capacity to be bound by this
Agreement, or if you are acting on behalf of a company or other entity, you
have the authority to bind such company or entity.
In order to determine your
compliance with this Agreement, we may monitor your access and use of our
Services in accordance with our Privacy Policy.</p>
<p>Our Services are Not Intended for Minors.
Our Services are
intended to be accessed and used only by adults and are not directed to minors.
As stated in our Privacy Policy we do not knowingly collect personally
identifiable information by anyone under the age of 13 and you should not
provide us with any information regarding any individual under the age of 13.</p>
<p>Your Access and Use of our Services.
Your right to access and
use our Services is personal to you and is not transferable by you to any other
person or entity.
You are only entitled to access and use our Services for
lawful purposes and pursuant to the terms and conditions of this Agreement and
the Privacy Policy.</p>
<p>Your access and use of our Services may be interrupted from
time to time for any of several reasons, including, without limitation, the
malfunction of equipment, periodic updating, maintenance or repair of our
Services or other actions that we, in our sole discretion, may elect to take.
We reserve the right to suspend or discontinue the availability of our Services
and/or any portion or feature of our Services at any time in our sole
discretion and without prior notice.</p>
<p>Any action by you that, in our sole discretion: (i) violates
the terms and conditions of this Agreement and/or the Privacy Policy.
(ii)
restricts, inhibits or prevents any access, use or enjoyment of our Services.
or (iii) through the use of our Services, defames, abuses, harasses, offends or
threatens, shall not be permitted, and may result in your loss of the right to
access and use our Services.
You shall not modify, scrape, embed, or frame our
Services without our prior written permission.</p>
<p>Subject to the terms of this Agreement and the Privacy
Policy, we may offer you various Services.
Below are terms and conditions
governing these Services.</p>
<p>You Must Maintain the Integrity of Your Information.
To use
certain Services, you may be required to provide us with information about you,
which may be of a confidential nature and may include personal identifying
information, medical and health history information, and/or financial
information ("Your Information").
If you provide Your Information to
us then you agree to provide true, current, complete and accurate information,
and not to misrepresent your identity.
You also agree to keep Your Information
current and to update Your Information if any of Your Information changes.
Our
collection, use and disclosure of Your Information is governed by this
Agreement and our Privacy Policy.</p>
<p>You Must Maintain the Security of Any Password Issued to You.
If our Services require you to create a password to use certain portions of our
Services, then it is your sole responsibility to maintain the security of that
password.
You agree that we shall not be liable for any loss that you may
suffer as a result of the authorized or unauthorized use of your password by a
third party.
You shall not allow any person under the age of 18 to use any
Service via your registration or password.</p>
<p>You Must Notify Us of a Breach.
You agree to immediately
notify us of any unauthorized use of your password, any unauthorized use of any
account that you may have with us, any violation of this Agreement, or any
other breach of security known to you in connection with any product or service
available on our Services by sending an email to: info@carfidirect.com.</p>
<p>You Are Responsible for Your Financial Decisions.
We and our
affiliates, through the Services, may provide a venue through which you can
obtain information and you can find third-party service providers, such as
financial institutions, credit card providers, mortgage brokers, insurance
brokers, insurance agents, discount program representatives and other insurance
professionals ("Service Providers").
We do not endorse or recommend
the products or services of any Service Provider, and are not an agent or
advisor to you or any Service Provider.
We do not validate or investigate the
licensing, certification or other requirements and qualifications of Service
Providers.
It is your responsibility to investigate Service Providers.
You
acknowledge and agree that Service Providers are solely responsible for any
services that they may provide to you and that we are not liable for any
losses, costs, damages or claims in connection with, arising from, or related
to, your use of a Service Provider's products or services.
We urge you to
obtain the advice of financial advisors, insurance agents, brokers or other
qualified professionals who are fully aware of your individual circumstances
before you make any financial or insurance decisions.
You acknowledge and agree
that you rely on your own judgment and that of such advisors in selecting any
products or services offered by Service Providers.</p>
<p>You Acknowledge and Agree that We are Not a Service Provider.
We are not a financial institution, insurance provider or other Service
Provider.
Instead, we, through our Services, may help to connect you with
Service Providers that might meet your needs based on information provided by
you.
We do not, and will not, make any coverage or credit decision with any
Service Provider referred to you.
We do not issue mortgages, credit cards,
insurance coverage or any other financial products.</p>
<p>No Guarantee of Quotes, Fees, Terms, Rates, Coverage or
Services.
We do not make any warranties or representations regarding the
quotes, fees, terms, rates, coverage or services offered or made available by
Service Providers.
We do not guarantee that quotes, fees, terms, rates,
coverage or services offered by Service Providers are the best available.</p>
<p>You Do Not Pay Fees to Us for Basic Services.
Unless you are
a Service Provider or order a specific service through our Services, we do not
charge you a fee to use our basic Services.
Service Providers may pay us fees
for services and to be matched with users of our Services, however.
We are not
involved with and are not responsible for any fee arrangement that you may
enter into with any Service Provider.
You acknowledge and agree to this
compensation arrangement. You hereby release us of any and all losses,
costs, damages or claims in connection with, arising from or related to your
use of a Service Provider's products or services, including any fees charged by
a Service Provider.</p>
<p>Requests for Quotes or Offers.
Our Services may give you the
opportunity to request to be matched with and receive quotes or offers from
Service Providers (a "Match Request").
Portions of our Services
providing this opportunity (the "Match Request Areas") are only
available to residents of the United States, and may not be available in all
states.
Further:</p>
<ol>
<li>We make no guarantee that you will be matched with a Service Provider if you submit a Match Request</li>
<li>If you make either a complete or incomplete Request, then you agree that Your Information provided in connection with your Match Request may be used and disclosed as set forth in the Privacy Policy.
Without limiting anything in the Privacy Policy, you authorize Service Providers, and their affiliates and third-party service providers, to conduct all necessary research with your information, including checking your credit history, if applicable, for purposes of providing you with your Match Request.</li>
<li>If you make a Match Request, then you expressly authorize Service Providers and us to contact you by telephone, fax and email at the numbers and addresses provided in your Match Request, for purposes of providing you with the information, quotes, products and services indicated in your Match Request.
You consent to receive telephone calls from Service Providers and us, even if the phone number that you provided on your Match Request is on any "Do Not Call" list.
You also consent to Service Providers and us making recorded calls to remind you of deadlines or other issues in connection with your Match Request.</li>
<li>You are solely responsible for complying with applicable laws and regulations in connection with your use of any services offered by us or a Service Provider.</li>
</ol>
<p>Fees and Payments.
Access and use of our basic Services are
free.
At any time, we may choose to charge fees for various premium features
and services, and we will notify you of those charges at the time that we offer
features and services for a fee.
We may, in our sole discretion, and by
notifying you on our Services, change this policy and begin charging for access
to our Services and other features and services, and we may, in our sole
discretion, add, remove or change the features and services we offer or the
fees (including the amount and type of fees) we charge at any time.
If we
introduce a new service or charge a new fee, we will establish and notify you
of the fees for that service at the launch of the service or start of charging
a new fee.
If we notify you of new fees or changes to fees for an existing
service, then you agree to pay all fees and charges specified and all
applicable taxes for your continued use of the applicable service.</p>
<p>Consumer Disclosures</p>
<ol>
<li>The Fair Credit Reporting Act allows you to obtain a disclosure from every credit reporting agency of the nature and substance of all information in your file at the time of the request.
Full disclosure of information in your file at Equifax must be obtained directly from Equifax by logging on to https://help.equifax.com/app/answers/detail/a_id/15.
The credit report you are requesting from us is not intended to constitute the disclosure of Equifax information required by the Fair Credit Reporting Act or similar state laws.</li>
<li>You are entitled to receive a disclosure directly from each of the consumer reporting agencies free of charge under the following circumstances:</li>
<ul>
<li>You have been denied credit, insurance or employment within the past sixty (60) days as a result of your credit report;</li>
<li>You certify in writing that you are unemployed and intend to apply for employment in the 60-day period beginning on the date on which you made the certification;</li>
<li>You are a recipient of public welfare assistance;</li>
<li>You have reason to believe that your file at the agency contains inaccurate information due to fraud;</li>
<li>Annually at www.annualcreditreport.com.</li>
</ul>
</ol>
<p>Otherwise, the consumer reporting agency may impose a
reasonable charge for the disclosure.</p>
<ol>
<li>The Fair Credit Reporting Act permits you to dispute inaccurate or incomplete information in your credit file.
You understand that accurate information cannot be changed.</li>
<li>You do not have to purchase your credit report or other information from us to dispute inaccurate or incomplete information in your Equifax file or to receive a copy of your Equifax consumer credit report.</li>
<li>Equifax Information Services, LLC provides a proprietary consumer disclosure that is different from the consumer credit report provided through this site.
The disclosure report must be obtained directly from Equifax.
Consumers residing in the States of Colorado, Massachusetts, Maryland, New Jersey, and Vermont may receive a free copy of their consumer credit report once per year and residents of the State of Georgia may receive two copies per year.</li>
</ol>
<p>Payment and Order Validation.
Sales Tax.
Some of our
products, such as credit and/or identity theft protection products and services
require payment via a valid credit or debit card.
By purchasing such products
and services and providing payment information, you represent that you are
authorized to utilize the payment method presented.
Furthermore, you agree and
authorize us to: (i) submit a transaction using the card information provided,
and (ii) in the case of automatic recurring transactions, submit a transaction
on a monthly or annual basis for membership renewals.
We accept all major
credit cards.
At present, this includes Visa®, MasterCard®, American Express®
and Discover®.
We may pre-authorize your credit card at the time you place an
order, which may have an effect on your available credit line.
Upon processing
your order, we will charge your credit card in full.
We reserve the right to
verify your method of payment and may reject any order you place with us for
any reason.
If we reject your order, we will attempt to notify you by e-mail.
Your credit card will normally not be charged if we reject your order.
In the
event that your credit card is charged before we reject your order, we will
process a refund.
In certain jurisdictions sales tax at state and local rates
may apply, in which case you will be charged applicable taxes.
As part of our
order process, we will send you an electronic receipt to your e-mail account of
record.</p>
<p>Order Limitations.
The services provided through our website
are for personal use only.
Using any of the services or information provided
from our website for commercial uses is strictly prohibited.
Services provided
through this Web site are limited to residents in the United States.</p>
<p>Return Policy.
Order Disputes.
Unless otherwise indicated,
all orders made through our website are non-refundable.
Questions regarding
your orders or disputes regarding charges to your credit card should be
directed to us by e-mail at info@carfidirect.com or by writing to us at Rally Box
374 Northlake Blvd #184, North Palm Beach, Florida 33408.</p>
<p>Your Rights Under State and Federal Law</p>
<ul>
<li>You have a right to dispute inaccurate information in your credit report by contacting the credit bureau directly.
However, neither you nor any "credit repair" company or credit repair organization has the right to have accurate, current, and verifiable information removed from your credit report.
The credit bureau must remove accurate, negative information from your report only if it is over 7 years old.
Bankruptcy information can be reported for 10 years.</li>
<li>You have a right to obtain a copy of your credit report from a credit bureau.
You may be charged a reasonable fee.
There is no fee, however, if you have been turned down for credit, employment, insurance, or a rental dwelling because of information in your credit report within the preceding 60 days.
The credit bureau must provide someone to help you interpret the information in your credit file.
You are entitled to receive a free copy of your credit report if you are unemployed and intend to apply for employment in the next 60 days, if you are a recipient of public welfare assistance, or if you have reason to believe that there is inaccurate information in your credit report due to fraud.</li>
<li>You have a right to sue a credit repair organization that violates the Credit Repair Organization Act.
This law prohibits deceptive practices by credit repair organizations.</li>
<li>You have the right to cancel your contract with any credit repair organization for any reason within 3 business days from the date you signed it.</li>
<li>Credit bureaus are required to follow reasonable procedures to ensure that the information they report is accurate.
However, mistakes may occur.</li>
<li>You may, on your own, notify a credit bureau in writing that you dispute the accuracy of information in your credit file.
The credit bureau must then reinvestigate and modify or remove inaccurate or incomplete information.
The credit bureau may not charge any fee for this service.
Any pertinent information and copies of all documents you have concerning an error should be given to the credit bureau.</li>
<li>If the credit bureau's reinvestigation does not resolve the dispute to your satisfaction, you may send a brief statement to the credit bureau, to be kept in your file, explaining why you think the record is inaccurate.
The credit bureau must include a summary of your statement about disputed information with any report it issues about you.</li>
</ul>
<p>The Federal Trade Commission regulates credit bureaus and
credit repair organizations.
For more information contact:</p>
<p>The Public Reference Branch<br>
Federal Trade Commission<br>
Washington, D.C.
20580</p>
<p>Public Forums.
Our Services may act as a venue, through
blogs, messaging, chat rooms, bulletin boards and other forums (collectively,
the "Forums"), allowing the users to contribute information and make
statements ("User Generated Content").
Neither we nor our advertisers
are involved in the actual transmission of User Generated Content provided for
in the Forums.
As a result, neither we nor our advertisers approve or endorse
any User Generated Content in the Forums, and you hereby acknowledge and agree
that neither we nor our advertisers have control over the User Generated
Content submission's quality, correctness, timeliness, safety, truth, accuracy
or legality by you or any other person or entity in the Forums.
You may find User
Generated Content posted in the Forums by other users to be offensive, harmful,
inaccurate or deceptive.
Please use caution and common sense, and do not rely
solely on User Generated Content published in the Forums.
It is neither our nor
our advertisers' responsibility to ensure all posts and questions submitted on
the Forums are answered.
Without limiting the generality of the foregoing, and
although we do not regularly review User Generated Content provided for in the
Forums, we reserve the right (but not the obligation) to remove or edit any
User Generated Content in the Forums, for any reason or no reason, in our sole
discretion.</p>
<p>Immediately report problems with the Forums to us at info@carfidirect.com</p>
<p>Transmissions, Submissions and Postings to our Services.
If
you transmit, submit or post information to our Services that is not Federally
trademarked and/or copyrighted, you automatically grant us and our assigns the
worldwide, fully-paid, royalty-free, exclusive right and license to use, copy,
format, adapt, publish and/or incorporate any or all such information in any
media whatsoever, including, without limitation, the Content (as defined
below).
Provided that you have obtained prior written permission from us to
transmit, submit or post information to our Services that is Federally
trademarked and/or copyrighted, you automatically grant us and our assigns the
worldwide, fully-paid, royalty-free right to use, copy, format, adapt, publish
and/or incorporate any or all such information in any media whatsoever,
including, without limitation, the Content.</p>
<p>You shall not transmit, submit or post the following to our
Services:</p>
<ul>
<li>Information that infringes our or any third party's copyright, patent, trademark, trade secret or other proprietary rights;</li>
<li>Information that violates any law, statute, ordinance or regulation;</li>
<li>Information that is trade libelous, unlawfully threatening, unlawfully harassing, defamatory, obscene, explicit or vulgar, or otherwise injurious to us or third parties or that infringes on our or any third party's rights of publicity or privacy;</li>
<li>Information that contains any viruses, worms, Trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information;</li>
<li>Information containing or constituting chain letters, mass mailings, political campaigning, or any form of "spam";</li>
<li>Information that is false, inaccurate or misleading;</li>
<li>Commercial advertisements or solicitations without our written permission.
or</li>
<li>Federally trademarked and/or copyrighted information without our prior written permission.</li>
</ul>
<p>Although we do not regularly review your transmissions,
submissions or postings, we reserve the right (but not the obligation) to edit,
refuse to post or remove your transmissions, submissions or postings.
Pursuant
to the Privacy Policy, we may review transmissions, submissions or postings
made by you to determine, in our sole discretion, your compliance with this
Agreement.</p>
<p>You are solely responsible for all your transmissions,
submissions or postings (i.e., your own User Generated Content) and the
consequences of transmitting, submitting or posting them.</p>
<p>Our Intellectual Property Rights.
Our names, graphics, logos,
page headers, button icons, scripts, and service names are our trademarks or
trade dress in the United States and/or other countries (collectively, the
"Proprietary Marks").
You may not use the Proprietary Marks without
our prior written permission.
We make no proprietary claim to any third-party
names, trademarks or service marks appearing on our Services.
Any third-party
names, trademarks, and service marks are property of their respective owners.</p>
<p>The information, advice, data, software and content viewable
on, contained in, or downloadable from our Services (collectively, the
"Content"), including, without limitation, all text, graphics,
charts, pictures, photographs, images, videos, line art, icons and renditions,
are copyrighted by, or otherwise licensed to, us or our Content suppliers.
We
also own a copyright of a collective work in the selection, coordination,
arrangement, presentation, display and enhancement of the Content (the
"Collective Work").
All software used on or within our Services (the
"Software") is our property or the property of our software vendors
and is protected by United States and international copyright laws.
Viewing,
reading, printing, downloading or otherwise using the Content and/or the
Collective Work does not entitle you to any ownership or intellectual property
rights to the Content, the Collective Work, or the Software.</p>
<p>You are solely responsible for any damages resulting from
your infringement of our or any third-party's intellectual property rights
regarding the Trademarks, the Content, the Collective Work, the Software and/or
any other harm incurred by us or our affiliates as a, direct or indirect,
result of your copying, distributing, redistributing, transmitting, publishing
or using the same for purposes that are contrary to the terms and conditions of
this Agreement.</p>
<p>Your Use of the Content.
We grant you a limited license to
access, print, download or otherwise make personal use of the Content and the
Collective Work in the form of: (i) one machine-readable copy.
(ii) one backup
copy.
and (iii) one print copy, for your non-commercial use.
provided, however,
that you shall not delete any proprietary notices or materials with regard to
the foregoing manifestations of the Content and the Collective Work.
You may
not modify the Content or the Collective Work or utilize them for any
commercial purpose or any other public display, performance, sale, or rental,
decompile, reverse engineer, or disassemble the Content and the Collective
Work, or transfer the Content or the Collective Work to another person or
entity.</p>
<p>Except as otherwise permitted under the copyright laws of the
United States, no other copying, distribution, redistribution, transmission,
publication or use, other than the non-commercial use of the Content and the
Collective Work as permitted by this Agreement, is permitted by you without our
prior written permission.</p>
<p>You may not use any meta tags or any other "hidden
text" utilizing our name or trademarks without our prior written
permission.</p>
<p>Access and Interference.
You agree that you will not use any
robot, spider, scraper, deep link or other similar automated data gathering or
extraction tools, program, algorithm or methodology to access, acquire, copy or
monitor our Services or any portion of our Services or for any other purpose,
without our prior written permission.
Additionally, you agree that you will
not: (i) take any action that imposes, or may impose in our sole discretion an
unreasonable or disproportionately large load on our infrastructure.
(ii) copy,
reproduce, modify, create derivative works from, distribute or publicly display
any content (except for your personal information) from our Services without
our prior written permission and the appropriate third party, as applicable.
(iii) interfere or attempt to interfere with the proper working of our Services
or any activities conducted on our Services.
or (iv) bypass any robot exclusion
headers or other measures we may use to prevent or restrict access to our
Services.
Notwithstanding the foregoing, we grant the operators of public
search engines permission to use spiders to copy materials from our Services
for the sole purpose and solely to the extent necessary for creating publicly
available search indices of the materials on our Services, but not caches or
archives of such materials.
We reserve the right to revoke these exceptions
either generally or in specific cases.
Except as expressly permitted in this
Agreement, you shall not collect or harvest any personally identifiable
information, including account names, from our Services.
You shall not use any
communication systems provided on our Services (such as Forums or email) for
any commercial or solicitation purposes.
You shall not solicit for commercial
purposes any users of our Services without our prior written permission.</p>
<p>Electronic Communications.
When you visit our Services or
send email to us, you are communicating with us electronically.
You consent to
receive communications from us electronically.
Although we may choose to
communicate with you by regular mail, we may also choose to communicate with
you by email or by posting notices on our Services.
You agree that all
agreements, notices, disclosures and other communications that we provide to
you electronically satisfy any legal requirement that such communications be in
writing.</p>
<p>Your Responsibility for Equipment and Related Costs.
You are
responsible for obtaining and maintaining all telephone, computer hardware,
Internet access services and other equipment or services needed to access and
use our Services, and all costs and fees associated with Internet access or
long distance charges incurred with regard to your access and use of our Services.</p>
<p>Third Party Links or Access.
There may be provided on our
Services links or access to other websites or mediums belonging to our
advertisers, business partners, affiliates, Service Providers and other third
parties.
For example, we may obtain your credit report from Equifax or other
credit reporting agencies.
Such links and access do not constitute our
endorsement of those third parties, nor the products or services of those third
parties.
We are not responsible for the activities or policies of those third
parties.
We are not responsible for examining or evaluating any third party
products or services and we do not warrant their offerings.
We do not guarantee
that the terms or rates offered by any particular advertiser, business partner,
affiliate, Service Provider or other third party on or through our Services are
the best terms or lowest rates available in the market.</p>
<p>Mobile Devices.
If we provide aspects of our Services via an
application for your mobile or other device, please be aware that your carrier's
normal rates and fees may apply and that the terms of this Agreement and other
agreements within the application apply to your use of such application.</p>
<p>Copyright Infringement.
It is our policy to comply with the
Digital Millennium Copyright Act, title 17, United States Code, Section 512,
including, without limitation, responding to notices of alleged copyright
infringement, and other applicable intellectual property laws.
We shall, in
appropriate circumstances, disable and/or terminate the accounts of users who
may infringe or repeatedly infringe the copyrights or other intellectual
property rights of ours and/or others.</p>
<p>Notifications (each a "Notification") of claimed
copyright infringement should be sent by either express mail or U.S.
mail to
our designated agent.
Our designated agent contact information is set forth
below:</p>
<p>Address of designated agent to which notification should be
sent:</p>
<p>Rally Box<br>
374 Northlake Blvd #184<br>
North Palm Beach, Florida 33408<br>
Attention: General Manager</p>
<p>Facsimile number of designated agent: (954) 337-3327<br>
Email address of designated agent: mm at carfidirect* com (emails must also
be sent by fax)</p>
<p>Pursuant to Title 17, United States Code, Section 512(c)(3),
to be effective, the Notification must include the following:</p>
<ol>
<li>A physical or electronic signature of a person authorized to act on behalf of the owner ("Complaining Party") of an exclusive right that is allegedly infringed;</li>
<li>Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single Notification, a representative list of such works at that site;</li>
<li>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 us to locate the material;</li>
<li>Information reasonably sufficient to permit us to contact the Complaining Party, such as an address, telephone number, and if available, an electronic mail address at which the Complaining Party may be contacted;</li>
<li>A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
and</li>
<li>A statement that the information in the Notification is accurate, and under penalty of perjury, that the Complaining Party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.</li>
</ol>
<p>Upon receipt of the Notification containing the information
as outlined in 1 through 6 above, and pursuant to Title 17, United States Code,
Section 512:</p>
<ol>
<li>We will remove or disable access to the material that is alleged to be infringing;</li>
<li>We will forward the Notification to the alleged infringer ("Subscriber").
and</li>
<li>We will take reasonable steps to promptly notify the Subscriber that we have removed or disabled access to the material.</li>
</ol>
<p>Counter Notification: Pursuant to Title 17, United States
Code, Section 512(g)(3), a Subscriber may counter a Notification by providing a
written communication ("Counter Notification") to our designated
agent that includes substantially the following:</p>
<ol>
<li>A physical or electronic signature of the Subscriber;</li>
<li>Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;</li>
<li>A statement under penalty of perjury that the Subscriber has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
and</li>
<li>The Subscriber's name, address, and telephone number, and a statement that the Subscriber consents to the jurisdiction of Federal District Court for the judicial district in which the address is located, or if the Subscriber's address is outside of the United States, for any judicial district in which we may be found, and that the Subscriber will accept service of process from the person who provided the Counter Notification or an agent of such person</li>
</ol>
<p>Upon receipt of a Counter Notification containing the
information as outlined in 1 through 4 above, and pursuant to Title 17, United
States Code, Section 512:</p>
<ol>
<li>We will promptly provide the Complaining Party with a copy of the Counter Notification;</li>
<li>We will inform the Complaining Party that we will replace the removed material or cease disabling access to the removed material within ten (10) business days.
and</li>
<li>We will replace the removed material or cease disabling access to the removed material not less than ten (10), nor more than fourteen (14) business days following receipt of the Counter Notification, provided our designated agent has not received notice from the Complaining Party that an action has been filed seeking a court order to restrain the Subscriber from engaging in infringing activity relating to the removed material on our network or system.</li>
</ol>
<p>We Make No Representations or Warranties Regarding the
Content. THE CONTENT AND ALL SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES ARE PROVIDED TO YOU ON AN "AS-IS" AND "AS
AVAILABLE" BASIS.
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF OUR SERVICES OR THE INFORMATION,
CONTENT, MATERIALS, PRODUCTS OR SERVICES INCLUDED ON OR ASSOCIATED WITH OUR
SERVICES.
YOU EXPRESSLY AGREE THAT YOUR USE OF OUR SERVICES AND ALL PRODUCTS
AND SERVICES INCLUDED ON OR ASSOCIATED WITH OUR SERVICES IS AT YOUR SOLE RISK.</p>
<p>WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING THE ACCURACY,
CORRECTNESS, OR COMPLETENESS OF THE CONTENT OR THE SERVICES AND PRODUCTS
ASSOCIATED WITH OUR SERVICES, OR THE SAFETY, RELIABILITY, TITLE, TIMELINESS,
COMPLETENESS, MERCHANTABILITY, CONFORMITY OR FITNESS FOR A PARTICULAR PURPOSE
OF THE CONTENT OR THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR SERVICES.
IT IS
YOUR SOLE RESPONSIBILITY TO INDEPENDENTLY EVALUATE THE ACCURACY, CORRECTNESS OR
COMPLETENESS OF THE CONTENT AND THE SERVICES AND PRODUCTS ASSOCIATED WITH OUR
SERVICES.
WE MAKE NO REPRESENTATION, WARRANTY OR GUARANTEE THAT THE CONTENT
THAT MAY BE AVAILABLE FOR DOWNLOADING FROM OUR SERVICES IS FREE OF INFECTION
FROM ANY VIRUSES, WORMS, TROJAN HORSES, TRAP DOORS, BACK DOORS, EASTER EGGS,
TIME BOMBS, CANCELBOTS OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT
CONTAIN CONTAMINATING OR DESTRUCTIVE PROPERTIES OR THAT ARE INTENDED TO DAMAGE,
DETRIMENTALLY INTERFERE WITH, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE ANY
SYSTEM, DATA OR PERSONAL INFORMATION.
WE DO NOT MAKE ANY REPRESENTATIONS,
WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED, REGARDING ANY QUOTES OR OFFERS
PROVIDED ON OR THROUGH OUR SERVICES.</p>
<p>WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE AND AGREE
THAT WE ARE NOT A FINANCIAL INSTITUTION, INSURANCE PROVIDER, CREDIT CARD
PROVIDER OR OTHER SERVICE PROVIDER.
YOU ACKNOWLEDGE AND AGREE THAT WE ARE
SOLELY AN INTERMEDIARY BETWEEN YOU AND SUCH SERVICE PROVIDERS AND, THEREFORE,
WE EXPRESSLY DISCLAIM ANY AND ALL LIABILITY FOR ANY CONTENT, PRODUCTS OR
SERVICES PROVIDED BY SUCH SERVICE PROVIDERS.</p>
<p>The Content is intended only to assist you with financial
decisions and is broad in scope and does not consider your personal financial
situation.
Your personal financial situation is unique and the information and
advice may not be appropriate for your situation.
Accordingly, before making
any final decisions or implementing any financial strategy, we recommend that
you obtain additional information and advice of your accountant and other
financial advisors who are fully aware of your individual circumstances.</p>
<p>Our Services are controlled and offered by us from our
facilities in the United States of America.
We make no representations that our
Services are appropriate or available for use in other jurisdictions.
If you
access or use our Services from other jurisdictions, then you do so by your own
volition and are solely responsible for compliance with local law.</p>
<p>Limitations on Our Liability.
WE SHALL IN NO EVENT BE
RESPONSIBLE TO, OR LIABLE TO, YOU, OR ANY THIRD PARTY, WHETHER IN CONTRACT,
WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY DAMAGES, INCLUDING,
BUT NOT LIMITED TO, SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES THAT
INCLUDE, BUT ARE NOT LIMITED TO, DAMAGES FOR ANY LOSS OF PROFIT, REVENUE OR BUSINESS,
AS A DIRECT OR INDIRECT RESULT OF: (I) YOUR BREACH OR VIOLATION OF THE TERMS
AND CONDITIONS OF THIS AGREEMENT.
(II) YOUR ACCESS AND USE OF OUR SERVICES.
(III) YOUR DELAY IN ACCESSING OR INABILITY TO ACCESS OR USE OUR SERVICES FOR
ANY REASON.
(IV) YOUR DOWNLOADING OF ANY OF THE CONTENT OR THE COLLECTIVE WORK
FOR YOUR USE.
(V) YOUR RELIANCE UPON OR USE OF THE CONTENT OR THE COLLECTIVE
WORK, OR (VI) ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED THROUGH
OUR SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF OUR SERVICES, WHETHER
RESULTING IN WHOLE OR IN PART, FROM BREACH OF CONTRACT, TORTIOUS BEHAVIOR,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF WE AND/OR OUR SUPPLIERS HAD
BEEN ADVISED OF THE POSSIBILITY OF DAMAGES.
OUR LIABILITY AND THE LIABILITY OF
OUR AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, INDEPENDENT CONTRACTORS,
SHAREHOLDERS, REPRESENTATIVES, AND AGENTS ARISING OUT OF THIS AGREEMENT SHALL
NOT EXCEED $100.</p>
<p>YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR
USER GENERATED CONTENT OR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY
THIRD PARTY, AND THAT THE RISK OF HARM OR DAMAGE FROM SUCH USER GENERATED
CONTENT AND THIRD-PARTY CONDUCT RESTS ENTIRELY WITH YOU.</p>
<p>YOU AND US AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR
RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF
ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.</p>
<p>Certain state laws do not allow limitations on implied
warranties or the exclusion or limitation of certain damages.
If these laws
apply to you, some or all of the above disclaimers, exclusions or limitations
may not apply to you.</p>
<p>In the event that any limitation on the period of time for
bringing an action, claim, dispute or proceeding against us, located in this
"Limitations on Our Liability" section, is determined or held to be
inapplicable or unenforceable by any court, arbitration panel or other
tribunal, then the statute of limitations for the State of Florida, including
but not limited to Florida Statutes Section 95, shall apply to any such action,
claim, dispute or proceeding referred to final or binding arbitration.</p>
<p>Your Indemnification of Us.
You shall defend, indemnify and
hold harmless us and our officers, directors, shareholders, employees,
independent contractors, agents, representatives and affiliates from and
against all claims and expenses, including, but not limited to, attorneys'
fees, arising out of, or attributable to: (i) any breach or violation of this
Agreement by you.
(ii) your failure to provide accurate, complete and current
personally identifiable information requested or required by us.
(iii) your
access or use of our Services.
(iv) access or use of our Services under any
password that may be issued to you.
(v) your transmissions, submissions or
postings (i.e., your own User Generated Content).
and/or (vi) any personal
injury or property damage caused by you.</p>
<p>Amendments of this Agreement.
We reserve the right to update,
amend and/or change this Agreement at any time in our sole discretion and
without notice.
Updates to this Agreement will be posted here.
Amendments will
take effect immediately upon us posting the updated Agreement on our Services.
You are encouraged to revisit this Agreement from time to time in order to
review any changes that have been made.
The date on which this Agreement was
last updated will be noted immediately above this Agreement.
Your continued
access and use of our Services following the posting of any such changes shall
automatically be deemed your acceptance of all changes.</p>
<p>Our Remedies.
You acknowledge that we may be irreparably
damaged if this Agreement is not specifically enforced, and damages at law
would be an inadequate remedy.
Therefore, in the event of a breach or
threatened breach of any provision of this Agreement by you, we shall be
entitled, in addition to all rights and remedies, to an injunction restraining
such breach or threatened breach, without being required to show any actual
damage or to post an injunction bond, and/or to a decree for specific performance
of the provisions of this Agreement.
For purposes of this Section, you agree
that any action or proceeding with regard to such injunction restraining such
breach or threatened breach shall be brought in the courts of record of Palm
Beach County, Florida, or the United States District Court, Southern District
of Florida.
You consent to the jurisdiction of such court and waive any
objection to the laying of venue of any such action or proceeding in such
court.
You agree that service of any court paper may be effected on such party
by mail or in such other manner as may be provided under applicable laws, rules
of procedure or local rules.</p>
<p>Legal Disputes.
You and we agree that any claim or dispute at
law or equity that has arisen or may arise between us relating in any way to or
arising out of this or previous versions of this Agreement, your use of or
access to the Services will be resolved in accordance with the provisions set
forth in this Legal Disputes section.
Please read this section carefully.
It
affects your rights and will have a substantial impact on how claims you and we
have against each other are resolved.</p>
<p>Applicable Law.
You agree that the laws of the State of
Florida, without regard to principles of conflict of laws, will govern this Agreement
and any claim or dispute that has arisen or may arise between you and us,
except as otherwise stated in this Agreement.</p>
<p>Agreement to Arbitrate.
You and we each agree that any and
all disputes or claims that have arisen or may arise between you and us
relating in any way to or arising out of this or previous versions of this
Agreement, your use of or access to our Services, or any products or services
sold, offered, or purchased through our Services shall be resolved exclusively
through final and binding arbitration, rather than in court, except that you
may assert claims in small claims court, if your claims qualify.
The Federal
Arbitration Act governs the interpretation and enforcement of this Agreement to
Arbitrate section (this "Agreement to Arbitrate").</p>
<p>1.
Prohibition of Class and Representative Actions and
Non-Individualized Relief</p>
<p>YOU AND WE AGREE THAT EACH OF US MAY BRING CLAIMS AGAINST THE
OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY
PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING.
UNLESS BOTH YOU AND US
AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE
PERSON'S OR PARTY'S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A
CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING.
ALSO, THE ARBITRATOR MAY
AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN
FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY
TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S).
ANY RELIEF
AWARDED CANNOT AFFECT OUR OTHER USERS.</p>
<p>2.
Arbitration Procedures</p>
<p>Arbitration is more informal than a lawsuit in court.
There
is no judge or jury in arbitration, and court review of an arbitration award is
very limited.
However, an arbitrator can award the same damages and relief on
an individual basis that a court can award to an individual.
An arbitrator
should apply the terms of this Agreement as a court would.</p>
<p>The arbitrator, and not any federal, state, or local court or
agency, shall have exclusive authority to resolve any dispute arising out of or
relating to the interpretation, applicability, enforceability or formation of
this Agreement to Arbitrate, any part of it, or of this Agreement including,
but not limited to, any claim that all or any part of the Agreement to
Arbitrate or this Agreement is void or voidable.</p>
<p>The arbitration will be conducted by the American Arbitration
Association ("AAA") under its rules and procedures, including the
AAA's Supplementary Procedures for Consumer-Related Disputes (as applicable),
as modified by this Agreement to Arbitrate.
The AAA's rules are available at
www.adr.org.
A form for initiating arbitration proceedings is available on the
AAA's site at http://www.adr.org.</p>
<p>The arbitration shall be held in the county in which you
reside or at another mutually agreed location.
If the value of the relief
sought is $10,000 or less, you or we may elect to have the arbitration
conducted by telephone or based solely on written submissions, which election
shall be binding on you and us subject to the arbitrator's discretion to
require an in-person hearing, if the circumstances warrant.
Attendance at an
in-person hearing may be made by telephone by you and/or us, unless the
arbitrator requires otherwise.</p>
<p>The arbitrator will decide the substance of all claims in
accordance with the laws of the State of Florida, including recognized
principles of equity, and will honor all claims of privilege recognized by law.
The arbitrator shall not be bound by rulings in prior arbitrations involving
our other users, but is bound by rulings in prior arbitrations involving the
same user to the extent required by applicable law.
The arbitrator's award
shall be final and binding and judgment on the award rendered by the arbitrator
may be entered in any court having jurisdiction thereof.</p>
<p>3.
Costs of Arbitration</p>
<p>Payment of all filing, administration and arbitrator fees
will be governed by the AAA's rules, unless otherwise stated in this Agreement
to Arbitrate.
If the value of the relief sought is $10,000 or less, at your
request, we will pay all filing, administration, and arbitrator fees associated
with the arbitration.
Any request for payment of fees by us should be submitted
by mail to the AAA along with your Demand for Arbitration and we will make arrangements
to pay all necessary fees directly to the AAA.
If the value of the relief
sought is more than $10,000 and you are able to demonstrate that the costs of
arbitration will be prohibitive as compared to the costs of litigation, we will
pay as much of the filing, administration, and arbitrator fees as the
arbitrator deems necessary to prevent the arbitration from being
cost-prohibitive.
In the event the arbitrator determines the claim(s) you
assert in the arbitration to be frivolous, you agree to reimburse us for all
fees associated with the arbitration paid by us on your behalf, which you
otherwise would be obligated to pay under the AAA's rules.</p>
<p>4.
Severability</p>
<p>With the exception of any of the provisions in Section 1 of
this Agreement to Arbitrate ("Prohibition of Class and Representative
Actions and Non-Individualized Relief"), if an arbitrator or court decides
that any part of this Agreement to Arbitrate is invalid or unenforceable, the
other parts of this Agreement to Arbitrate shall still apply.
If an arbitrator
or court decides that any of the provisions in Section 1 of this Agreement to
Arbitrate ("Prohibition of Class and Representative Actions and
Non-Individualized Relief") is invalid or unenforceable, then the entirety
of this Agreement to Arbitrate shall be null and void.
The remainder of the
Agreement and its Legal Disputes Section will continue to apply.</p>
<p>5.
Future Changes to the Agreement to Arbitrate</p>
<p>Notwithstanding any provision in the Agreement to the
contrary, you and we agree that if we make any change to this Agreement to
Arbitrate (other than a change to any notice address or site link provided
herein) in the future, that change shall not apply to any claim that was filed
in a legal proceeding against us prior to the effective date of the change.
The
change shall apply to all other disputes or claims governed by the Agreement to
Arbitrate that have arisen or may arise between you and us.
We will notify you
of changes to this Agreement to Arbitrate by posting the amended terms on our Services
at least 30 days before the effective date of the changes and/or by email.</p>
<p>Judicial Forum for Legal Disputes</p>
<p>Unless you and we agree otherwise, in the event that the
Agreement to Arbitrate above is found not to apply to you or to a particular
claim or dispute as a result of a decision by the arbitrator or a court order,
you agree that any claim or dispute that has arisen or may arise between you
and us must be resolved exclusively by a state or federal court located in Palm
Beach County, Florida.
You and us agree to submit to the personal jurisdiction
of the courts located within Palm Beach County, Florida for the purpose of
litigating all such claims or disputes.
You also agree that: (i) our Services
shall be deemed solely based in the State of Florida.
and (ii) our Services
shall be deemed passive Services that do not give rise to personal jurisdiction
over us and our assigns, either specific or general, in jurisdictions other
than the State of Florida.</p>
<p>Miscellaneous.
If any portion of this Agreement is deemed
unlawful, void or unenforceable by any arbitrator or court of competent
jurisdiction, this Agreement as a whole shall not be deemed unlawful, void or
unenforceable, but only that portion of this Agreement that is unlawful, void
or unenforceable shall be stricken from this Agreement.</p>
<p>The headings contained in this Agreement are for convenience
of reference only, are not to be considered a part of this Agreement, and shall
not limit or otherwise affect in any way the meaning or interpretation of this
Agreement.</p>
<p>All covenants, agreements, representations and warranties
made in this Agreement, as may be amended by us, from time to time, shall
survive your acceptance of this Agreement and the termination of this
Agreement.</p>
<p>This Agreement and the Privacy Policy represent the entire
understanding and agreement between you and us regarding the subject matter of
the same, and supersede all other previous agreements, understandings and/or
representations regarding the same.</p>
<p>If you have questions, comments, concerns or feedback
regarding this Agreement or our Services, please contact us at info@carfidirect.com.</p>
<p> </p>