These terms of use (“Terms of Use”) govern access to an use of Sites (“Sites”) owned and operated by CarCrashAssist.com and its affiliated companies (collectively “CarCrashAssist.com” and referred to herein as “we” or “us” or other similar pronouns). The words “you,” “user” or “member” as used herein refer to all individuals and/or entities accessing or using the Site for any reason. The term “Content” or “User Content” as used herein shall mean information that you submit, publish or display on any Site provided by CarCrashAssist.com.

Please read these Terms of Use carefully. These Terms of Use include CarCrashAssist.com’s Privacy Policy located at CarCrashAssist.com/privacy which is incorporated into and made a part of these Terms of Use. If you do not accept and agree to all of these Terms of Use, do not use the Site or the services provided therein. By accessing or using the Site, you agree to be bound by these Terms of Use, including the CarCrashAssist.com Privacy Policy. Additionally, you understand and agree that CarCrahsAssist.com may electronically provide to you either through posting or links on the Site or through e-mail agreements, invoices and other documents, notices and communications regarding your relationship with CarCrashAssist.com and its services (”Communications”). You hereby consent to receipt of such Communications electronically.

You agree that by using or accessing any Site you are acknowledging that you have read, understand and agree to be bound by these Terms of Use, and that such actions constitute your agreement thereto and acceptance thereof. If you do not agree to any of these Terms of Use, you may not access or otherwise use the Site.

These Terms of Use constitute the entire and only Terms of Use between us and you, and supersedes all prior or contemporaneous Terms of Uses, representations, warranties and understandings with respect to the Site, the content, products or services provided by or through the Site, and the subject matter of these Terms of Use. CarCrashAssist.com reserves the right, at any time, to modify, alter, or update these Terms of Use without prior notice. Any such changes will become effective immediately upon being posted on the Site. You should visit this page periodically to review the most current Terms of Use because they will be binding on you. Your continued use of the Site after such changes are posted constitutes an acknowledgement and acceptance of the Terms of Use and its modifications. Except as otherwise provided in this paragraph, these Terms of Use may not be amended.

1. Eligibility

You must be 18 years of age or older, or the age of majority as defined in your jurisdiction, whichever is older, to use the Site or any of the services provided therein in any manner. By using the Site and accepting these Terms of Use, you represent and warrant that you have the right, authority and capacity to agree to and abide by these Terms of Use. You also represent that you will use the Site and any services or information provided by CarCrashAssist.com in a manner consistent with any and all applicable laws and regulations.

Not all products and services are available in all geographic areas. Your eligibility for particular products and services is subject to final determination by CarCrashAssist.com and/or its affiliates.

2. Access

CarCrashAssist.com reserves the right to modify or discontinue any services or content provided by CarCrashAssist.com with or without notice to the user. You acknowledge and accept that CarCrashAssist.com does not guarantee continuous uninterrupted service or access to the Site and operation of the Site may be interfered with or adversely affected by numerous factors or circumstances outside of our control. All descriptions of proposed products and services are based on assumptions subject to change and you should not rely on the availability or functionality of products or services until they are actually offered through the Site. We reserve the right in its sole discretion to determine how registration and other promotions will be awarded. This determination includes, without limitation, the scope, nature and timing of all such awards.

3. Account Maintenance

You may create an account and provide CarCrashAssist.com with certain information including, without limitation, a valid e-mail address. Any such information that you submit will be treated in accordance with CarCrashAssist.com’s Privacy Policy, located at: CarCrashAssist.com/privacy

If you choose, or are provided with, a user identification code, password or any other piece of information as part of our security procedures, you are responsible for maintaining the confidentiality of such information. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms of Use, or for any other reason, in our discretion.

You are responsible for making all arrangements necessary for you to have access to the Site and to the services provided therein. YOU ARE ALSO RESPONSIBLE FOR ENSURING THAT ALL PERSONS WHO ACCESS THE SITE THROUGH YOUR INTERNET CONNECTION ARE AWARE OF THESE TERMS OF USE AND THAT THEY COMPLY WITH THEM.

4. Disclaimer of Warranties

All of the information and materials contained on the Site, including text, graphics, information, links or other items are provided on an “as is” and “as available” basis, without warranty of any kind, express or implied, including without limitation, any warranty for information, data, data processing services, uptime or uninterrupted access. To the fullest extent permitted by applicable law, CarCrashAssist.com makes no representations or warranties of any kind, express or implied, regarding the use or the results of this Site or any of the services or information provided therein in terms of its availability, accuracy, adequacy, correctness, precision, timeliness, completeness, thoroughness, reliability or otherwise.

CarCrashAssist.com expressly disclaims liability for errors or omissions in the information and materials contained therein, AND ASSUMES NO RESPONSIBILITY, AND SHALL NOT BE LIABLE FOR, ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS, DATA, TEXT, IMAGES, VIDEO, OR AUDIO FROM THE SITE. IF YOU ARE DISSATISFIED WITH THE SITE, YOUR SOLE REMEDY IS TO DISCONTINUE USING THE SITE.

No warranty of any kind, whether implied, expressed or statutory, including but not limited to the warranties of non-infringement of third party rights, title, non-infringement, merchantability, fitness for a particular purpose and freedom from defect, computer virus or other error, is given in conjunction with any of the information, materials or services provided by CarCrashAssist.com. We make no warranty that the Site or the services thereon will meet users’ requirements.

5. Limitation of Liability

The information provided by CarCrashAssist.com is deemed as general information and does not represent legal advice. CarCrashAssist.com, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Site will not be held liable for your use of the information contained or provided by the Site. You freely used any information contained or provided from the Site at your own free will and therefore you and you alone are solely responsible for your use of the information contained therein.

Except as expressly provided in these Terms, in no event shall CarCrashAssist.com, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Site be liable for any damages whatsoever, including without limitation any direct or indirect, special, incidental, or consequential damages, damages for lost profits, lost business, loss of revenue or loss of use, and any other losses or expenses arising out of or related to this Site, any information received from this Site, any email distributed to any user or member from the Site or any linked Site or use thereof or inability to use by any party, or in connection with any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, whether such damages arise in contract, negligence, tort, under statute, in equity, at law or otherwise, and even if CarCrashAssist.com, or representatives thereof, are advised of the possibility of such damages, losses or expenses. In no event shall CarCrashAssist.com, its directors, officers, employees, agents, suppliers, licensors or any third parties appearing on the Site be liable for or in connection with any information or content posted, transmitted, exchanged or received by or on behalf of any user or other person or entity on or through the Site. CARCRASHASSIST.COM’S MAXIMUM TOTAL, AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE AND ANY INFORMATION OR SERVICES PROVIDED THEREIN, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL IN NO EVENT EXCEED THE TOTAL AMOUNT CUSTOMER HAS PAID TO CARCRASHASSIST.COM WITHIN THE TWELVE (12) MONTH PERIOD PRECEDING THE DATE THE CLAIM FIRST AROSE.

6. Indemnification

You agree to defend, indemnify and hold harmless CarCrashAssist.com, its parents, subsidiaries, affiliates, and their respective officers, employees and agents from any claim or demand including reasonable attorneys’ fees and costs, made by any third party arising out of or related to i) your use of the Site, ii) your use of any content contained therein, iii) your Content or any information or material that you post to or transmit through the Site, iv) your violation of these Terms of Use, or v) infringement by you or another user using your computer or account, of any intellectual property or any other right of any person or entity. CarCrashAssist.com shall provide notice to you promptly of any such claim, suit or proceeding, and CarCrashAssist.com reserves the right and shall have the option, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with CarCrashAssist.com’s defense of such claim.

7. Links to Other Sites

The Site may contain links to Sites controlled or offered by third-parties (non-affiliates of CarCrashAssist.com). You acknowledge that CarCrashAssist.com is not responsible for the availability of, or the content located on or through any third-party Site. CarCrashAssist.com makes no representations about and disclaims liability for, any information, materials, products or services posted or offered at any of the third-party Sites linked to this Site. By providing such links, CarCrashAssist.com does not endorse or recommend any products or services offered or information contained therein, nor is CarCrashAssist.com liable for any failure of products or services offered or advertised at those sites. If you decide to access such linked third-party Sites, you do so at your own risk. Your use of those third-party sites is subject to the terms of use and privacy policies of each such site, and we are not responsible for anything contained therein. You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding the content on those sites. All rules, policies (including privacy policies) and operating procedures of merchants will apply to you while on such sites. We are not responsible for information provided by you to merchants. We and the merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.

8. Intellectual Property

You acknowledge and agree that, as between you and CarCrashAssist.com, CarCrashAssist.com owns, and shall continue to own, all proprietary right, title and interest (including, but not limited to, copyright, trade secret and patent) in and to CarCrashAssist.com, Content provided by CarCrashAssist.com on the Site, including without limitation, site design, text, graphics, and interfaces (”CarCrashAssist.com Materials”). Any use of CarCrashAssist.com Materials including reproduction, modification, distribution, or replication, any form of data extraction or data mining or other commercial exploitation of any kind without prior written permission of an authorized officer of CarCrashAssist.com is strictly prohibited. You agree that you will not use any robot, spider, or other automatic device or manual process to monitor or copy our Site, CarCrashAssist.com Material or any third-party content available on CarCrashAssist.com’s Sites.

By posting our Content to any public area of CarCrashAssist.com’s Sites, including without limitation, message boards, profiles, forums, contests and chat rooms, or by otherwise submitting or transmitting any such Content to us: (i) you acknowledge, represent and warrant that such Content is original to you and that no other party has any rights thereto, or that you have the necessary licenses, rights, consents and permissions to furnish and/or license such Content and submit it to the Site, and that any “moral rights” or “personality rights” in having the Content edited, removed, modified, published, transmitted or displayed in a manner not agreeable to you have been waived; and (ii) You automatically grant to CarCrashAssist.com and its affiliates a royalty-free, non-exclusive, transferable, irrevocable right and worldwide license to use, copy, reproduce, modify, adapt, publish, translate, communicate to the public, perform, display and distribute such content, and to prepare derivative works of, or incorporate into other works such content in connection with the marketing and promotion of CarCrashAssist.com or for any other purpose, in CarCrashAssist.com’s discretion. We cannot be responsible for maintaining any Content that you provide to us, and we may delete or destroy any such Content at any time.

The trademarks, logos, service marks and trade names (collectively the “Trademarks”) displayed on the Site or on content available through the Site are registered and unregistered Trademarks of ours and others and may not be used in violation of applicable rights. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without the written permission of the applicable rights holder.

CarCrashAssist.com respects the intellectual property of others, and we ask you, to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of the Site, you agree not to use the Site to infringe the intellectual property rights of others in any way. CarCrashAssist.com reserves the right to terminate your account, and block access to the Site if you infringe (or are a repeat infringer) the copyrights, or other intellectual property rights, of others. CarCrashAssist.com reserves the right to take these actions at any time, in its sole discretion, with or without notice, and without any liability to the party that is terminated or to the party whose access is blocked. The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).

9. Copyright Infringement

If you believe that your copyrighted work has been uploaded, posted or copied to the Site and is accessible on the Site in a way that constitutes copyright infringement, please notify and provide the following information, in writing, to our Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:
Your address, telephone number, and email address;
A description of the copyrighted work that you claim has been infringed;
A description of where the alleged infringing material is located;
A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and
A statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
CarCrashAssist.com
Attention General Counsel
info@carcrashassist.com

9. Securities Laws

This Site may include statements concerning our operations, prospects, strategies, financial condition, future economic performance and demand for our products or services, as well as our intentions, plans and objectives (particularly with respect to product and service offerings), that are forward-looking statements. These statements are based upon a number of assumptions and estimates which are subject to significant uncertainties, many of which are beyond our control. When used on our Site, words like “anticipates,” “expects,” “believes,” “estimates,” “seeks,” “plans,” “intends,” “will” and similar expressions are intended to identify forward-looking statements designed to fall within securities law safe harbors for forward-looking statements. The Site and the information contained herein does not constitute an offer or a solicitation of an offer for sale of any securities. None of the information contained herein is intended to be, and shall not be deemed to be, incorporated into any of our securities-related filings or documents.

10. Miscellaneous Terms

Certain sections or pages on the Site, or certain features or services provided thereon, may contain separate terms and conditions, which are in addition to these Terms of Use. In the event of conflicting provisions, the additional terms and conditions will govern.

CarCrashAssist.com may discontinue your access to the Site or suspect or terminate, without notice or liability, your account membership and/or your access to and use of the Site, for any violation of these Terms of Use or for any other use that CarCrashAssist.com, at its sole discretion, deems improper.

You agree that you shall not resell or assign your rights or obligations under these Terms of Use. You also agree not to make any unauthorized commercial use of the Site. Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable.

CarCrashAssist.com makes no claims that the Site may be lawfully viewed or accessed outside of the United States. Access to the Site may not be legal by certain persons or in certain countries. If you access the Site from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.

These Terms of Use are governed by the internal substantive laws of the State of Utah without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the state or federal courts within Utah.

Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in (insert the desired place of arbitration), before (one) (three) arbitrator(s). The arbitration shall be administered by JAMS pursuant to its (Comprehensive Arbitration Rules and Procedures) (Streamlined Arbitration Rules and Procedures). Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

If any provisions of these Terms of Use are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Use, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term. In addition, CarCrashAssist.com’s failure to enforce any term of these Terms of Use shall not be deemed as a waiver of such term or otherwise affect CarCrashAssist.com’s ability to enforce such term at any point in the future.

The language in these Terms of Use shall be interpreted as to its fair meaning and not strictly for or against either party.

Terms of Use CarCrashAssist.com v.01 7.9.09