2. Services Offered.
2.2. Not Recommendations. Any listing of Third Parties on the Site, and/or your ability to “click through” to another website from the Site, and/or the forwarding of any self-reported information that you provide to the Site to a Third Party, does not constitute a referral or recommendation by CARCHEX. You may choose to use or not to use the information contained on the Site and/or the products and/or services provided by the Site and/or any Third Party. CARCHEX does not recommend, advise, or prefer that you use any particular Third Party. Any Third Party that contacts you is solely responsible for its products and/or services to you, and you agree that CARCHEX shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Third Party’s products and/services or any act or failure to act of any Third Party. Furthermore, CARCHEX does not guarantee that the terms or rates offered and/or made available to you by CARCHEX or any Third Party will be the best or lowest terms or rates available in the market.
2.4. Manner of Contacting You. By providing self-reported information on the Site, you agree that CARCHEX or a Third Party may contact you by telephone. You further agree that, prior to being contacted by CARCHEX or a Third Party, you may be contacted by telephone by a call center that may, among other things, verify your self-reported information and confirm your interest in speaking with CARCHEX or a Third Party. By providing your self-reported information on the Site: YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FROM THE CALL CENTERS, CARCHEX AND THE THIRD PARTIES FOR THE PURPOSES DESCRIBED HEREIN. DO NOT SUBMIT YOUR SELF-REPORTED INFORMATION IF YOU DO NOT CONSENT TO BEING CALLED BY A CALL CENTER, CARCHEX AND/OR BY ONE OR MORE THIRD PARTIES.
2.5. Site Not an Offer. Nothing in the Site constitutes an offer, promise or otherwise, either to make a specific service or product available to you or that any Third Party will make any service or product available to you. Please be aware that certain services or products may only be provided to residents of states where CARCHEX or a Third Party is licensed and/or authorized to make such services or product available. By acquiring your information through the Site, CARCHEX and the Third Parties are not attempting to sell services and/or products outside their authorized states or country.
4.1. Not Endorsements. A link from the Site to a non-CARCHEX website does not mean that CARCHEX endorses or accepts any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. CARCHEX expressly disclaims any liability related to such sites.
4.2. Unauthorized Links. CARCHEX prohibits unauthorized hypertext links to the Site or the framing of any content available through the Site. CARCHEX reserves the right to disable any unauthorized links or frames.
5. Site Use Restrictions. The Site is for your personal use only. You will not (i) post on or transmit to the Site any false, defamatory, libelous, obscene, pornographic, profane, threatening, or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability, whether under statute, common law or equitable principles, or otherwise violate any law; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Site; (iii) except as expressly permitted herein, copy, display or reproduce any information obtained from the Site; or (iv) use the Site in any manner that violates any applicable laws, regulations, orders or other restrictions.
7. Use Monitoring. CARCHEX is not obligated to monitor your or any other user’s use of the Site; such responsibility rests solely with you. CARCHEX reserves the right to monitor your use of the Site and to restrict or terminate your use of the Site or modify or remove any information found on the Site for any reason or no reason in CARCHEX’s sole judgment.
9. Password. In using the Site, you may be assigned a password. You are responsible for maintaining the security of your password. CARCHEX is not liable for any loss that you may suffer through the use of your password by others. You shall notify CARCHEX immediately of any unauthorized use of your account or of any other breach of security known to you with respect to the Site.
10. Feedback. To the extent permitted by applicable law, by sending any comments or materials (collectively “Feedback”) to CARCHEX, including without limitation questions, submissions, suggestions, ideas, postings, comments or the like, or posting Feedback to the Site, you grant CARCHEX a perpetual, non-revocable, transferable, unrestricted, non-exclusive, absolute, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. CARCHEX shall have no obligation of any kind with respect to such Feedback and shall be free to modify, copy, perform, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so, all without attribution. Further, CARCHEX shall be free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any Feedback.
11. Notices and Procedure for Making Claims of Copyright Infringement. CARCHEX will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to CARCHEX’s designated agent using the following contact information: Scott Levy, CARCHEX; 118 Shawan Road, Suite 210, Baltimore, MD 21030; 410-527-9280; firstname.lastname@example.org.
12. Representation and Warranty Disclaimer. THE SITE AND ALL INFORMATION ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH CARCHEX, WHICH YOU MAY VISIT THROUGH THE SITE, IS PROVIDED “AS IS” BY CARCHEX AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE SITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE SITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY CARCHEX OR THIRD PARTIES WILL BE AVAILABLE IN ALL MARKETS; OR (IX) THAT THE SITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY CARCHEX TO MODIFY THE SITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
15. Dispute Resolution (Arbitration Clause).
16. California Waiver. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
19. Viewing Outside the United States. CARCHEX makes no claims that the Site may be lawfully viewed, accessed or used outside the United States. Access or use of the Site may not be legal by certain persons or in certain countries. If you access or use the Site from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Last Updated on 4/27/2010