TERMS OF SERVICE
THESE TERMS AND CONDITIONS (THE “TERMS”) ARE A LEGAL CONTRACT BETWEEN YOU AND TYGRO LLC, dba CarTection.COM (“CarTection.COM”, “WE” OR “US”). THE TERMS EXPLAIN HOW YOU ARE PERMITTED TO USE THE WEBSITE LOCATED AT WWW.CarTection.COM AS WELL AS ALL ASSOCIATED SITES LINKED TO WWW.CarTection.COM BY CarTection.COM, ITS SUBSIDIARIES AND AFFILIATED COMPANIES (COLLECTIVELY, THE “SITE”). UNLESS OTHERWISE SPECIFICED, ALL REFERENCES TO “SITE” INCLUDE THE PRODUCTS AND SERVICES AVAILABLE THROUGH THIS SITE (THE “SERVICES”) AND ANY SOFTWARE THAT CarTection.COM PROVIDES TO YOU THAT ALLOWS YOU TO ACCESS THE SITE FROM A MOBILE DEVICE (A “MOBILE APPLICATION”). BY USING THIS SITE, YOU ARE AGREEING TO ALL THE TERMS; IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, DO NOT ACCESS OR OTHERWISE USE THIS SITE, ANY SERVICES AVAILABLE THROUGH THIS SITE OR ANY INFORMATION CONTAINED ON THIS SITE.
NOTE: THESE TERMS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND WITH RESPECT TO DISPUTES YOU MAY HAVE WITH CarTection.COM. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL ARBITRATION AND CLASS ACTION WAIVER AS PROVIDED BELOW.
Through the Site, you may purchase vehicle service contracts and other service or repair products offered by third parties through the Site (each, a “Service Contract”) for your vehicle. This Site is operated by CarTection.COM which is not affiliated with the entity from whom you purchase the Service Contract. CarTection.COM does not issue, nor is it a party to, the Service Contracts available on this Site. Rather, we collect the information you submit through this Site, submit the information to the applicable parties for processing, and facilitate your ability to apply for and purchase a Service Contract.
CarTection.COM is not affiliated with any automotive dealer or manufacturer.
This Site is intended solely for the purpose of providing general information with respect to the Service Contracts described herein. You must refer to the actual Service Contract to obtain specific information about definitions; terms and conditions; coverages; benefits; claim instructions; exclusions; and special state requirements. Copies of all available Service Contracts are accessible for review on or through the Site.
In addition, certain products or Service Contracts included in the Services may not be available in, or to residents of, all states and jurisdictions. Currently, Service Contracts are not available to residents of Alaska, California, Florida, Kentucky, Maine and Puerto Rico and Canada.
Information on this Site applies to current CarTection.COM offerings, only.
CarTection.com is hosted on co-located servers in a dedicated and managed facility, with Intermedia.net. Users of this site agree to be bound by the Intermedia Service Agreement, Service Level Agreement and Acceptable Use Policies.
CarTection.COM may make changes to the content and Services offered on this Site at any time. CarTection.COM can change, update, or add or remove provisions of these Terms, at any time by posting the updated terms on this Site. By using this Site after CarTection.COM has updated the Terms, you are agreeing to all the updated Terms; if you do not agree with any of the updated Terms, you must stop using the Site.
CarTection.COM provides content and Services through this Site that is copyrighted and/or trademarked work of CarTection.COM or CarTection.COM’s third-party licensors and suppliers or other users of the Site (collectively, the “Materials”). Materials may include logos, graphics, video, images, software and other content.
CarTection.COM hereby grants you a limited, personal, non-exclusive and non-transferable license to use and to display the Materials and to use this Site solely for your personal use. Except for the foregoing license, you have no other rights in the Site or any Materials and you may not modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Site or Materials in any manner.
If you breach any of these Terms, the above license will terminate automatically and you must immediately destroy any downloaded or printed Materials.
CarTection.COM makes available Mobile Applications to access the Site via a mobile device. To use the Mobile Application you must have a mobile device that is compatible with the mobile service. CarTection.COM does not warrant that the Mobile Application will be compatible with your mobile device. CarTection.COM hereby grants to you a non-exclusive, non-transferable, revocable license to use an object code copy of the Mobile Application for one registered account on one mobile device owned or leased solely by you, for your personal use. You may not: (i) modify, disassemble, decompile or reverse engineer the Mobile Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Mobile Application to any third party or use the Mobile Application to provide time sharing or similar services for any third party; (iii) make any copies of the Mobile Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Mobile Application, features that prevent or restrict use or copying of any content accessible through the Mobile Application, or features that enforce limitations on use of the Mobile Application; or (v) delete the copyright and other proprietary rights notices on the Mobile Application. You acknowledge that CarTection.COM may from time to time issue upgraded versions of the Mobile Application, and may automatically electronically upgrade the version of the Mobile Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of these Terms will apply to all such upgrades. The foregoing license grant is not a sale of the Mobile Application or any copy thereof, and CarTection.COM and its third party licensors or suppliers retain all right, title, and interest in and to the Mobile Application (and any copy of the Mobile Application). Standard carrier data charges may apply to your use of the Mobile Application.
The following additional terms and conditions apply with respect to any Mobile Application that CarTection.COM provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):
- You acknowledge that these Terms are between you and CarTection.COM only, and not with Apple, Inc. (“Apple”).
- Your use of CarTection.COM’s iOS App must comply with Apple’s then-current App Store Terms of Service.
- CarTection.COM, and not Apple, are solely responsible for our iOS App and the Services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
- You agree that CarTection.COM, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims; (ii) any claim that the iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of the iOS App.
- You agree that CarTection.COM, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
- You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) You are not listed on any U.S. Government list of prohibited or restricted parties.
- You agree to comply with all applicable third party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using the iOS App).
- The parties agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of CarTection.COM’s iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of the iOS App as a third party beneficiary thereof.
Using The Site And The Services On The Site
You can simply view the Site and not use any Services on the Site. You need not register with CarTection.COM to simply visit and view the Site.
However, in order to access certain password-restricted areas of the Site and to use certain Services and Materials offered on and through the Site, you must register with CarTection.COM for an account and receive a password.
Password Restricted Areas Of This Site
If you desire to register for an account with CarTection.COM, you must submit the following information through the account registration page on the Site: Full Name, Address, Email, Phone, Vehicle Year / Make / Model / Mileage / Vin Number/Credit Card information. You will also have the ability to provide additional optional information, which is not required to register for an account but may be helpful to CarTection.COM in providing you with more a more customized experience when using the Site or its Services. Once you have you have submitted your account registration information, CarTection.COM administrator shall have the right to approve or reject the requested registration, in CarTection.COM administrator’s sole discretion. If your account is approved by CarTection.COM administrator, you will be sent an e-mail that contains a password that will allow you to log-on to the Site using that password (the “Password”).
You are responsible for maintaining the confidentiality of your Password and you are responsible for all activities that occur using your Password. You agree not to share your Password, let others access or use your Password or do anything else that might jeopardize the security of your Password. You agree to notify CarTection.COM if your Password is lost, stolen, if you are aware of any unauthorized use of your Password or if you know of any other breach of security in relation to this Site.
All the information that you provide when registering for an account and otherwise through the Site must be accurate, complete and up to date. You may change, correct or remove any information from your account by either logging into your account directly and making the desired changes or contacting CarTection.COM using the contact information at the end of these Terms requesting that we make the change.
If applicable, you agree to pay all fees or charges to your account based on CarTection.COM’s fees, charges, and billing terms in effect as shown on the Site or the applicable Service Contract. If you do not pay on time or if CarTection.COM cannot charge or process your credit card, electronic payment through Automated Clearing House (“ACH”) or other payment method for any reason, CarTection.COM reserves the right to either suspend or terminate your access to the Site and account and terminate these Terms. You are expressly agreeing that CarTection.COM is permitted to bill you for the applicable fees, any applicable tax and any other charges you may incur in connection with your use of this Site and the fees will be billed to your credit card, ACH or other payment method designated on your registration with this Site or provided by you to your account. If you cancel your account at any time, you will not receive any refund, except as provided in the applicable Service Contract or by law. If you have a balance due on any account, you agree that CarTection.COM may charge such unpaid fees to your credit card, ACH or otherwise bill you for such unpaid fees.
By using the Site or Services, you represent, acknowledge and agree that you are at least 18 years of age. Further, you represent, acknowledge and agree that: (a) all registration information that you submit is truthful and accurate; (b) you will maintain the accuracy of such information and keep such information up-to-date; and (c) your use of the Services offered through this Site does not violate any applicable law or regulation. CarTection.COM may terminate these Terms and your use of the Site or Services without notice if CarTection.COM, in its sole discretion, believes that you are under the age of 18.
Accuracy. By using this Site or the Services, you represent and warrant that all the information that you provide when registering for an account and otherwise through the Site or Services is accurate, complete and up to date.
CarTection manages e-mail lists through its list management arrangements. Consumers may wish to remove themselves from specific marketing lists. As such, users may remove themselves from a specific list by utilizing the list-unsubscribe option that is present and available at the end of each e-mail. Moreover, consumers may elect not to receive advertisements from any CarTection.com advertiser at any time. To opt-out of email advertisements from all CarTection.com advertisers send your request to cs@CarTection.com. We process all unsubscribe requests in a prompt fashion.
By using the Site and/or the Services provided on or through the Site, you consent to receiving electronic communications from CarTection.COM. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to the Site and/or Services provided on or through the Site. These electronic communications are part of your relationship with CarTection.COM. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
Third Party Content
Certain information and other content that are not Submissions (defined below) may be provided by third party licensors and suppliers to CarTection.COM (“Third Party Content”). The Third Party Content is, in each case, the copyrighted and/or trademarked work of the creator/licensor. You agree to only display the Third Party Content on your personal computer solely for your personal use. You acknowledge and agree that you have no right to download, cache, reproduce, modify, display (except as set forth in this paragraph), edit, alter or enhance any of the Third Party Content in any manner unless you have permission from the owner of the Third Party Content. CarTection.COM DISCLAIMS ALL EXPRESS, IMPLIED AND STATUTORY WARRANTIES AND CONDITIONS WITH REGARD TO THIRD PARTY CONTENT, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
Links To Third Party Sites
When using this Site and/or the Services, you agree not to: (i) engage in illegal activity, (ii) post any copyrighted or trademarked materials without the express permission from the owner, (iii) use any robot, spider, scraper or other automated means to access the Site, (iv) take any action that imposes an unreasonable or disproportionately large load on our infrastructure, (vi) resell or make any other commercial use of this Site or the Materials; or (vii) engage in any collection and use of any product listings, descriptions, or prices or any derivative use of this Site or its contents.
This list of prohibitions provides examples and is not complete or exclusive. CarTection.COM reserves the right to terminate access to your account, or use the Services with or without cause and with or without notice, for any reason or no reason, or for any action that CarTection.COM determines is inappropriate or disruptive to this Site or to any other user of this Site and/or Services.
CarTection.COM may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at CarTection.COM’s discretion, CarTection.COM will cooperate with law enforcement agencies in any investigation of alleged illegal activity on this Site or on the Internet.
You agree to indemnify and hold CarTection.COM and its officers, directors, employees, affiliates, agents, licensors, and business partners harmless from and against any and all costs, damages, liabilities, and expenses (including attorneys’ fees and costs of defense) CarTection.COM or any other indemnified party suffers in relation to, arising from, or for the purpose of avoiding, any claim or demand from a third party that your use of this Site violates any applicable law or regulation, or the copyrights, trademark rights or other rights of any third party.
CarTection.COM is a trademark of CarTection.COM in the United States. Other trademarks, names and logos on this Site are the property of their respective owners.
Unless otherwise specified in these Terms, all information and screens appearing on this Site, including documents, services, site design, text, graphics, logos, images and icons, as well as the arrangement thereof, are the sole property of CarTection.COM, Copyright © 2012 TyGro LLC, dba CarTection.COM. All rights not expressly granted herein are reserved. Except as otherwise required or limited by applicable law, any reproduction, distribution, modification, retransmission, or publication of any copyrighted material is strictly prohibited without the express written consent of the copyright owner or license.
The Mobile Application software that is provided to you through the Site and Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, if You are a government entity, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Disclaimer Of Warranties
Your use of this Site and/or the Services is at your own risk. The Materials have not been verified or authenticated in whole or in part by CarTection.COM, and they may include inaccuracies or typographical or other errors. CarTection.COM does not warrant the accuracy of timeliness of the Materials contained on this Site. CarTection.COM has no liability for any errors or omissions in the Materials, whether provided by CarTection.COM, our licensors or suppliers or other users.
CarTection.COM, FOR ITSELF AND ITS LICENSORS, MAKES NO EXPRESS, IMPLIED OR STATUTORY REPRESENTATIONS, WARRANTIES, OR GUARANTEES IN CONNECTION WITH THIS SITE, THE SERVICES, OR ANY MATERIALS RELATING TO THE QUALITY, SUITABILITY, TRUTH, ACCURACY OR COMPLETENESS OF ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE, INCLUDING WITHOUT LIMITATION THE MATERIALS. UNLESS OTHERWISE EXPLICITLY STATED, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THIS SITE, THE SERVICES, AND MATERIALS AND ANY INFORMATION OR MATERIAL CONTAINED OR PRESENTED ON THIS SITE IS PROVIDED TO YOU ON AN “AS IS,” “AS AVAILABLE” AND “WHERE-IS” BASIS WITH NO WARRANTY OF IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. CarTection.COM DOES NOT PROVIDE ANY WARRANTIES AGAINST VIRUSES, SPYWARE OR MALWARE THAT MAY BE INSTALLED ON YOUR COMPUTER.
Limitation Of Liability
CarTection.COM SHALL NOT BE LIABLE TO YOU FOR ANY DAMAGES RESULTING FROM YOUR DISPLAYING, COPYING, OR DOWNLOADING ANY MATERIALS TO OR FROM THIS SITE. IN NO EVENT SHALL CarTection.COM BE LIABLE TO YOU FOR ANY INDIRECT, EXTRAORDINARY, EXEMPLARY, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) HOWEVER ARISING, EVEN IF CarTection.COM KNOWS THERE IS A POSSIBILITY OF SUCH DAMAGE.
Local Laws; Export Control
CarTection.COM controls and operates this Site from its headquarters in the United States of America and the Materials may not be appropriate or available for use in other locations. If you use this Site outside the United States of America, you are responsible for following applicable local laws.
If you send or transmit any communications, comments, questions, suggestions, or related materials to CarTection.COM, whether by letter, email, telephone, or otherwise (collectively, “Feedback”), suggesting or recommending changes to the Site, any Services offered through the Site or Materials, including, without limitation, new features or functionality relating thereto, all such Feedback is, and will be treated as, non-confidential and non-proprietary. You hereby assign all right, title, and interest in, and CarTection.COM is free to use, without any attribution or compensation to you, any ideas, know-how, concepts, techniques, or other intellectual property and proprietary rights contained in the Feedback, whether or not patentable, for any purpose whatsoever, including but not limited to, developing, manufacturing, having manufactured, licensing, marketing, and selling, directly or indirectly, products and services using such Feedback. You understand and agree that CarTection.COM is not obligated to use, display, reproduce, or distribute any such ideas, know-how, concepts, or techniques contained in the Feedback, and you have no right to compel such use, display, reproduction, or distribution.
Dispute Resolution And Arbitration; Class Action Waiver
Please read this carefully. It affects your rights.
Most customer concerns can be resolved quickly and to a customer’s satisfaction by contacting us at:
CarTection Attn.: Customer Service 2260 Avenida De La Playa La Jolla, CA 92037
This Provision facilitates the prompt and efficient resolution of any disputes that may arise between you and CarTection.COM. Arbitration is a form of private dispute resolution in which persons with a dispute waive their rights to file a lawsuit, to proceed in court and to a jury trial, and instead submit their disputes to a neutral third person (or arbitrator) for a binding decision. You have the right to opt-out of this Provision (as explained below), which means you would retain your right to litigate your disputes in a court, either before a judge or jury.
Please read this Provision carefully. It provides that all Disputes between you and CarTection.COM shall be resolved by binding arbitration. Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Except as otherwise provided, entering into this agreement constitutes a waiver of your right to litigate claims and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this agreement and can award the same damages and relief as a court (including attorney’s fees).
For the purpose of this Provision, “CarTection.COM” means CarTection.COM and its parents, subsidiary, and affiliate companies, and each of their respective officers, directors, employees, and agents. The term “Dispute” means any dispute, claim, or controversy between you and CarTection.COM regarding any aspect of your relationship with CarTection.COM, whether based in contract, statute, regulation, ordinance, tort (including, but not limited to, fraud, misrepresentation, fraudulent inducement, or negligence), or any other legal or equitable theory, and includes the validity, enforceability or scope of this Provision (with the exception of the enforceability of the Class Action Waiver clause below). “Dispute” is to be given the broadest possible meaning that will be enforced, and shall include any claims against other parties relating to services or products provided or billed to you (such as CarTection.COM’s licensors, suppliers, dealers or third party vendors) whenever you also assert claims against us in the same proceeding.
WE EACH AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES, AS DEFINED ABOVE, WHETHER PRESENTLY IN EXISTENCE OR BASED ON ACTS OR OMISSIONS IN THE PAST OR IN THE FUTURE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT IN ACCORDANCE WITH THIS PROVISION.
Pre-Arbitration Claim Resolution
For all Disputes, whether pursued in court or arbitration, you must first give CarTection.COM an opportunity to resolve the Dispute. You must commence this process by mailing written notification to CarTection.COM, PO Box & Customer Service phone number. That written notification must include (1) your name, (2) your address, (3) a written description of your Claim, and (4) a description of the specific relief you seek. If CarTection.COM does not resolve the Dispute within 45 days after it receives your written notification, you may pursue your Dispute in arbitration. You may pursue your Dispute in a court only under the circumstances described below.
Exclusions from Arbitration/Right to Opt Out
Notwithstanding the above, you or CarTection.COM may choose to pursue a Dispute in court and not by arbitration if (a) the Dispute qualifies, it may be initiated in small claims court; or (b) YOU OPT-OUT OF THESE ARBITRATION PROCEDURES WITHIN 30 DAYS FROM THE DATE THAT YOU FIRST CONSENT TO THIS AGREEMENT (the “Opt-Out Deadline”). You may opt out of this Provision by mailing written notification to CarTection.COM, PO Box & Customer Service phone number. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes with CarTection.COM through arbitration. Your decision to opt-out of this Arbitration Provision will have no adverse effect on your relationship with CarTection.COM. Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Dispute in arbitration or small claims court.
If this Provision applies and the Dispute is not resolved as provided above (Pre-Arbitration Claim Resolution) either you or CarTection.COM may initiate arbitration proceedings. The American Arbitration Association (“AAA”), www.adr.org, or JAMS, www.jamsadr.com, will arbitrate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of this Provision.
For arbitration before AAA, for Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules For Emergency Measures Of Protection shall apply. The AAA rules are available at www.adr.org or by calling 1-800-778-7879. For arbitration before JAMS, the JAMS Comprehensive Arbitration Rules & Procedures and the JAMS Recommended Arbitration Discovery Protocols For Domestic, Commercial Cases will apply. The JAMS rules are available at www.jamsadr.com or by calling 1-800-352-5267. This Provision governs in the event it conflicts with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration.
Because the Site and these Terms concern interstate commerce, the Federal Arbitration Act (“FAA”) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA and the applicable statute of limitations or condition precedent to suit.
Arbitration Award – The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law, and will not have the power to award relief to, against or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
Location of Arbitration – You or CarTection.COM may initiate arbitration in either [CLIENT’s U.S. location] or the federal judicial district that includes your billing address. In the event that you select the federal judicial district that includes your billing address, CarTection.COM may transfer the arbitration to [CLIENT’s U.S. location] in the event that it agrees to pay any additional fees or costs you incur as a result of the transfer, as determined by the arbitrator.
Payment of Arbitration Fees and Costs – CarTection.COM will pay all arbitration filing fees and arbitrator’s costs and expenses upon your written request given prior to the commencement of the arbitration. You are responsible for all additional fees and costs that you incur in the arbitration, including, but not limited to, attorneys or expert witnesses. Fees and costs may be awarded as provided pursuant to applicable law. In addition to any rights to recover fees and costs under applicable law, if you provide notice and negotiate in good faith with CarTection.COM as provided in the section above titled “Pre-Arbitration Claim Resolution” and the arbitrator concludes that you are the prevailing party in the arbitration, you will be entitled to recover reasonable attorney’s fees and costs as determined by the arbitrator.
Class Action Waiver
Except as otherwise provided in this Provision, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless both you and CarTection.COM specifically agree to do so following initiation of the arbitration. If you choose to pursue your Dispute in court by opting out of the Arbitration Provision, as specified above, this Class Action Waiver will not apply to you. Neither you, nor any other user of the Site can be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding without having complied with the opt-out requirements above.
You understand and agree that by entering into this Agreement you and CarTection.COM are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of this Provision, you and CarTection.COM might otherwise have had a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided below, those rights are waived. Other rights that you would have if you went to court, such as the right to appeal and to certain types of discovery, may be more limited or may also be waived.
If any clause within this Provision (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from this Provision, and the remainder of this Provision will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, this entire Provision will be unenforceable and the Dispute will be decided by a court.
This Provision shall survive the termination of your service with CarTection.COM or its affiliates. Notwithstanding any provision in this Agreement to the contrary, we agree that if CarTection.COM makes any change to this Provision (other than a change to the Notice Address), you may reject any such change and require CarTection.COM to adhere to the language in this Provision if a dispute between us arises.
CarTection.COM prefers to advise you if we feel you are not complying with these Terms and to recommend any necessary corrective action. However, certain violations of these Terms, as determined by CarTection.COM, may result in immediate termination of your access to this Site without prior notice to you. The Federal Arbitration Act, California state law and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply. The United Nations on Contracts for the International Sale of Goods and any laws based on the Uniform Computer Information Transactions Act (UCITA) shall not apply to this Agreement. Except for Disputes subject to arbitration as described above, any disputes relating to these Terms or this Site will be heard in the courts located in San Diego County in the State of California. If any of these Terms is found to be inconsistent with applicable law, then such term shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. CarTection.COM’s failure to enforce any of these Terms is not a waiver of such term. These Terms are the entire agreement between you and CarTection.COM and supersede all prior or contemporaneous negotiations, discussions or agreements between you and CarTection.COM about this Site. The proprietary rights, disclaimer of warranties, representations made by you, indemnities, limitations of liability and general provisions shall survive any termination of these Terms.
If you have any questions about these Terms or otherwise need to contact CarTection.COM for any reason, you can reach us at
CarTection.COM Attn.: Customer Service 2260 Avenida De La Playa La Jolla, CA 92037
& Customer Service phone number: 1-866-297-4839