Legal Terms of Service
Date of Last Revision: May 23nd, 2018
Please Read Carefully Before Using This Website: The following terms of service (“Terms of Service”) govern your use of the The Car’tell Website (the “Site”) and the The Car’tell web-based, booking service for members accessed through the Site (“Service”), both of which are operated by The Car’tell (“The Car’tell” or “we”). By using the Site and/or the Service, you irrevocably agree that such use is subject to these Terms of Service. If you do not agree to these Terms of Service, you may not use the Site or the Service. If you are entering into these Terms of Service on behalf of an entity, you are binding such entity to these Terms of Service, you represent that you have the actual authority to bind such entity to these Terms of Service, and references to “you” mean such entity.
The Car’tell expressly reserves the right to modify the Terms of Service at any time in its sole discretion by including such alteration and/or modification in these Terms of Service, along with a notice of the effective date of such modified Terms of Service. If a revision meaningfully reduces your rights, we will use reasonable efforts to notify you (by, for example, sending an email to the billing contact you designate in your User Account (as defined below), through your User Account or in the Service itself). To the extent you have purchased a membership to the Service, the modified terms will be effective as to such subscription Service upon your next subscription renewal. In this case, if you object to the updated terms, as your exclusive remedy, you may choose not to renew, including cancelling any terms set to auto-renew. In all other cases, any continued use by you of the Site or the Service after the posting of such modified Terms of Service shall be deemed to indicate your irrevocable agreement to such modified Terms of Service. Accordingly, if at any time you do not agree to be subject to any modified Terms of Service, you may no longer use the Site or Service.
User Account Registration; Passwords
(a) Account Registration and Use License: In order to access and use all of the features of the Service, you are required to open an account (“User Account”) by subscribing to a membership with The Car’tell. When you register for your membership you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper membership registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Service, The Car’tell hereby grants to you the personal, non-transferable right and license to use the Service, until such time as either you or The Car’tell elect to terminate such right in accordance with these Terms of Service.
(b) Eligibility: As an express condition of being permitted to become a member, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside.
(c) Passwords: Upon registration on the Site, you will provide The Car’tell with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify The Car’tell of any suspected or actual unauthorized use of your User Account. You agree that The Car’tell will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
(a) The Car’tell Content: The information, materials (including, without limitation, HTML, text, audio, video, press releases, product descriptions, FAQs and other content) available on the Site and/or the Service, excluding Third Party Content (collectively, “The Car’tell Content”), are the copyrighted works of The Car’tell, and The Car’tell expressly retains all right title and interest in and to the The Car’tell Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted in these Terms of Service, any use of the The Car’tell Content may violate copyright and/or other applicable laws.
(c) Limited Site Content License: The Car’tell grants you the limited, revocable, non-transferable, non-exclusive right to use the The Car’tell Content and Third Party Content (collectively, “Site Content”) by displaying the Site Content on your computer, and downloading and printing pages from the Site containing Site Content, under the condition that (i) such activity is solely for your personal, education or other noncommercial use, (ii) you do not modify or prepare derivative works from the Site Content, (iii) you do not obscure, alter or remove any notice of copyright set forth on any Site pages or Site Content, (iv) you do not otherwise reproduce, re-distribute or publicly display any of the Site Content and (v) you do not copy any Site Content to any other media or other storage format.
(d) Trademarks: All trademarks, service marks and logos included on the Site (“Marks”) are the property of The Car’tell or third parties, and you may not use such Marks without the express, prior written consent of The Car’tell or the applicable third party
(e) Monitoring of Site Content and use of Service: The Car’tell reserves the right, but does not undertake the obligation, to monitor use of the Site and/or the Service, and to investigate and take appropriate legal action against any party that uses the Site in violation of these Terms of Service or applicable law. The Car’tell reserves the right to accept, reject or modify any Site Content or User Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content or User Content.
(f) Copyright Infringement: As a condition of your right to use the Site and the Service, you agree to respect the intellectual property rights of others. Accordingly, you agree not to upload or post to the Site or the Service any copyrighted materials, trademarks or other proprietary information belonging to any third party without the prior written consent of the applicable third party. You acknowledge that The Car’tell will terminate your access to the Site and/or the Service if you repeatedly infringe the copyright of third parties. If you believe that your copyrighted work has been illegally uploaded or posted on the Site or the Service, you may send a written notice to The Car’tell at [email protected], and The Car’tell will respond.
(g) Aggregated and/or Anonymized Data: Notwithstanding anything to the contrary set forth herein or otherwise, The Car’tell will have the right to collect and analyze data and other information relating to the provision, use or performance of the Site and/or Service and related systems and technologies (including information concerning User Data and data derived therefrom), and to aggregate and/or anonymize all such data and information. The Car’tell will be free at any time to: (i) use such information and data to improve and enhance The Car’tell’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business.
Linked Websites and Services
The Site and Service may contain links to and integrations with third party websites and services, and you agree that The Car’tell provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that The Car’tell does not endorse such websites or services (or any products or other services associated therewith). Your use of such websites and services will be subject to the terms applicable to each such website and service.
LIMITATION OF LIABILITY
(a) Warranty Disclaimer: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY ABOVE, THE SITE, SITE CONTENT AND SERVICE ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE CAR’TELL MAKES NO WARRANTY THAT THE SITE, SERVICE OR SITE CONENT ARE COMPLETE, SUITABLE FOR YOUR PURPOSE, OR ACCURATE, AND ON BEHALF OF ITSELF AND ITS LICENSORS, THE CAR’TELL HEREBY EXPRESSLY DISCLAIMS ANY AND ALL IMPLIED, STATUTORY OR OTHER WARRANTIES WITH RESPECT TO THE SITE, SITE CONTENT AND SERVICE, OR THE AVAILABILITY OF THE FOREGOING, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NONINFIRNGEMENT. THE ENTIRE RISK AS TO RESULTS OBTAINED THROUGH USE OF THE SITE, SERVICE AND/OR THE SITE CONTENT RESTS WITH YOU AND THE CAR’TELL MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITE AND OR THE SERVICE WILL BE UNINTERRUPTED, OR THAT THE SITE, SERVICE AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT THE CAR’TELL SHALL NOT BE LIABLE TO YOU FOR ANY (A) INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, EXEMPLARY OR STATUTORY DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF BUSINESS, LOSS OR PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF GOODWILL OR FOR ANY COST OF COVER OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES), EVEN IF THE CAR’TELL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE LEGAL THEORY UNDER WHICH DAMAGES ARE SOUGHT, WHETHER IN BREACH OF CONTRACT OR IN TORT, INCLUDING NEGLIGENCE OR (B) AMOUNTS IN THE AGGREGATE THAT EXCEED THE FEES PAID BY YOU TO THE CAR’TELL.
Location of the Site and your Use
The Car’tell operates or controls the operation of this Site and the Service from offices in Luxembourg. In addition, the Site and the Service may be mirrored, and other websites operated or controlled by The Car’tell may be located, at various locations in and outside of Luxembourg. The Car’tell makes no representation or warranty that all of the features of this Site or Service will be available to you outside of Luxembourg, or that they are permitted to be accessed outside of Luxembourg. You acknowledge that you are solely responsible for any decision by you to use of this Site and/or the Service from other locations, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.
These Terms of Service constitute the entire agreement and understanding between the parties concerning the subject matter hereof, notwithstanding any different or additional terms that may be contained in the form of a membership contract or other document used by you to place bookings or reservations or otherwise effect transactions hereunder, which such terms are hereby rejected. Neither party may assign these Terms of Service without the prior written approval of the other, such approval not to be unreasonably withheld or delayed, provided that such approval shall not be required in connection with an assignment to an affiliate or to a successor to substantially all of such party’s assets or business related to these Terms of Service. If any provision of these Terms of Service is held to be invalid or unenforceable, the remaining portions will remain in full force and effect and such provision will be enforced to the maximum extent possible so as to effect the intent of the parties and will be reformed to the extent necessary to make such provision valid and enforceable. These Terms of Service are intended to be and are solely for the benefit of The Car’tell and you and do not create any right in favor of any third party. These Terms of Service will be governed by and construed in accordance with the laws of Luxembourg, without reference to its conflict of laws principles.