ACCEPTABLE USE POLICY AND USER AGREEMENT

Terms of use

 

1)       This Acceptable Use Policy and User Agreement (the “Agreement”) is entered into between you (“User”) and Garage IQ, LLC, a Nevada Limited Liability Corporation (the “Company”), which is the creator and controller of this web site and all of the information, products, services, processes and content contained within the web site or related to the web site (the “Extremewrench Directory”, the “Directory”).

NEITHER THE DIRECTORY NOR THE COMPANY IS AUTHORIZED, SPONSORED, OR SUPPORTED BY, OR AFFILIATED WITH Extremewrench AND/OR ITS ASSOCIATED COMPANIES. BY ACCESSING, USING, OR CONTINUING TO USE THE DIRECTORY, USER UNDERSTANDS, ACKNOWLEDGES AND EXPRESSLY AGREES TO BE BOUND BY THE TERMS OF THIS AGREEMENT, AS SET FORTH BELOW, AND ANY NEW OR MODIFIED TERMS. IF USER DOES NOT UNDERSTAND, ACKNOWLEDGE AND AGREE TO THE TERMS OF THIS AGREEMENT, USER MAY NOT USE THE DIRECTORY. THE RIGHT TO USE THE DIRECTORY IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT IS PERSONAL AND CANNOT BE TRANSFERRED TO ANY OTHER PERSON OR ENTITY. AS THIS IS A LEGALLY BINDING AGREEMENT, PLEASE READ IT CAREFULLY.

2)       Acceptance of Terms: By accessing, using or continuing to use the Extremewrench Directory, User understands, acknowledges and expressly agrees to be bound by this Agreement (the “Agreement”), which may be modified from time to time without notice to User, in the Company’s sole and absolute discretion. User may view the most recent version of this policy here at any time. User shall not access or use the Directory unless User understands, acknowledges and expressly agrees to the terms of this Agreement.

3)       Description of, Access To, and Use of the Directory: The Extremewrench Directory is intended to provide individual owners of private vehicles with a  listing of automobile repair shops in the United States and to create an environment where users can access, post and retrieve information related to the shops that conduct such repairs.

a)       User shall not post any reviews, commentary, or other information in relation to a repair shop unless User has had personal experience as a customer of, or a supplier to,  working with or otherwise dealing personally with said repair shop.

b)       Regardless of the information provided in the Extremewrench Directory, User shall consult and consider all available factory repair manuals, compact disks, and any other available resources before attempting to perform repairs recommended in or obtained through use of the Extremewrench Directory.

c)       The Extremewrench Directory is provided for and shall be accessed and used solely for User’s own personal use and not for the access, use or benefit of any third party.

i)         In accordance with Section 15 of this Agreement, the Extremewrench Directory may be modified, suspended, or discontinued at any time, Access to part or all of the Extremewrench Directory may be limited or restricted without notice or liability.

d)       User certifies that User is an individual at least eighteen years of age.

e)       User also certifies that User is legally permitted to access and use the Extremewrench Directory and takes full responsibility for access to and use of the Extremewrench Directory. If the terms set forth in this Section are void where prohibited by law, and the right to access and use the Extremewrench Directory is revoked in such jurisdictions as is set forth in Section 18, paragraph a).

f)        User expressly agrees that User will comply with any local laws or regulations that may apply to the access to and use of the Extremewrench Directory, including, without limitation, any laws requiring registration or filings with local authorities, and the payment of any taxes.

g)       User shall be responsible for obtaining and maintaining any equipment or ancillary services needed to access or use the Extremewrench Directory, including, without limitation, modems, hardware, software, and long distance or local telephone service.

h)       User shall be are responsible for ensuring that such equipment or ancillary services are compatible with the Extremewrench Directory.

4)       Rights in Information Submitted or Posted to the Extremewrench Directory

a)       License Grant: User understands, acknowledges and expressly agrees that by submitting or posting information to the Directory, User grants the Company an irrevocable, perpetual, worldwide, royalty-free, transferable, nonexclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content and any copyright rights, trademark rights, and other intellectual property rights contained therein (collectively, the “Rights”) (in whole or in part) and/or to incorporate such information in other works in any form, media, or technology now known or later developed, for the full term of any Rights that may exist in such content. User also warrants that the holder of any Rights, including moral rights in such content, has completely and effectively waived all such Rights and validly and irrevocably granted to User the right to grant the license described in this Section

b)       User also permits any user of the Extremewrench Directory to access, display, view, store, reproduce, or otherwise use such content for personal, non-commercial use. Subject to the foregoing, the owner of such content placed on the Extremewrench Directory retains any and all Rights that may exist in such content.

5)       Ownership; Publication and Use.

a)       User understands, acknowledges and expressly agrees that all information submitted or posted to the Extremewrench Directory by User shall become the property of the Company. The Company reserves the right, but shall not be obligated, to publish any of the information submitted to the Extremewrench Directory, in whole or in part, or otherwise use such information in accordance with the terms of the Privacy Policy set forth in Section 16 of this Agreement.

b)       Pre-Screening, Monitoring, Removal and Editing. User understands, acknowledges and expressly agrees that the Company reserves the right, but shall not be obligated, to pre-screen, monitor, remove or edit any of the information submitted, posted to or contained within the Extremewrench Directory, at its sole discretion, and may also refuse to do so.

c)       You are fully responsible for the content of your posting, specifically including, but not limited to, ratings, surveys or entries posted to this Directory.

d)       You are prohibited from entering, uploading, posting or transmitting to or from this Directory:

i)         Commercial content or other materials or other marketing solicitations unless expressly approved by the Directory.

ii)       Materials, pictures or other content that infringes or potentially violates any copyright, trademark, patent right or other proprietary right of any third party.

iii)      Unlawful, defamatory, abusive, threatening, libelous, obscene, pornographic, or other materials, pictures or content that would violate rights of publicity and/or privacy or that would violate any law.

iv)     You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content or uploading of materials to this directory.

6)       Preservation and Disclosure : User understands, acknowledges, and expressly agrees that the Company may preserve and disclose information if so required by law, or upon a good faith belief that such preservation and disclosure is necessary to:

a)       Enforce this Agreement;

b)       Comply with the legal process;

c)       Respond to a claim of infringement and/or violation of a third party’s rights;

d)       Protect the rights of the Company, its affiliates, any of their respective officers, directors, members, managers, employees, agents, representatives, third party content providers, or licensors, and the public.

e)       In addition to the foregoing, the Company may preserve and disclose information in accordance with the Privacy Policy set forth in Section 16 of this Agreement.

7)       User Conduct : User understands, acknowledges, and expressly agrees that all information submitted to the Extremewrench Directory, whether publicly or privately, is the sole responsibility of the person providing the information. User shall be solely responsible for all information that User submits to the Extremewrench Directory, and for any liability that may result there from. User understands, acknowledges, and expressly agrees that the Extremewrench Directory shall not be used to email, post, upload, or otherwise transmit any of the following types of material:

a)       Information that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, slanderous, vulgar, obscene, hateful, racially, ethnically, or otherwise objectionable, or invasive of another’s privacy;

b)       Information that User does not have the right to transmit under law, contractual obligations, or fiduciary obligations;

c)       Information that infringes upon any proprietary right of any person or entity, including but not limited to any information regarding any patent, trademark, copyright, or trade secret;

d)       Information that infringes upon the publicity or privacy rights of any person or entity;

e)       Unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other similar materials; or

f)        Material that contains a virus or any other thing intended to destroy, limit, or otherwise impair the functionality of any computer software, hardware, or other equipment.

g)       User further understands, acknowledges, and expressly agrees that the Directory shall not be used to:

i)         Depict a person, company, entity, or service in a false light;

ii)       Falsely state User’s affiliation with a person or entity, impersonate any person or entity, or use an identity that is confusingly similar to another user’s identity;

iii)      Manipulate identifying factors to disguise the origin of any posted content;

iv)     Intentionally or unintentionally violate any applicable local, state, federal, or international law;

v)       Harm minors in any way; or

vi)     Collect or store personal data about any other user(s).

8)       Intellectual Property: The Company respects the intellectual property rights of others, and requires its users to do likewise. All of the content on the Directory or any part thereof, is protected by U.S. and International Copyright laws and is the property of the Company, unless otherwise acknowledged as the property, copyright, or work of another person.

a)       User’s Obligations to Respect the Rights of Others: User understands, acknowledges and expressly agrees to respect and refrain from infringing any and all copyrights, trademarks, trade secrets, and other proprietary information of all persons and companies.

b)       By submitting information to the Directory, User represents and warrants that the submission, installation, copying, distribution, and use of such information shall not violate any other party’s proprietary rights. In addition,

c)       User expressly agrees that the burden of determining whether any information is protected as a copyright, trademark, trade secret, or other proprietary right rests solely with User, and User shall be solely liable for any damage resulting from any infringement of copyrights, trademarks, trade secrets, or other proprietary rights, or any other harm resulting from such a submission.

9)       Copyright and Trademark Information: Directory Content.

a)       The Directory contains proprietary material and information of the Company and third parties, including without limitation all content included or available in the Extremewrench Directory, such as the site design, text, graphics, interfaces, and the selection and arrangement thereof (the “Content”).

b)       The Content is protected under U.S. copyright laws and international laws and treaties. The Company owns all rights in the preparation, selection, coordination, arrangement and enhancement of such Content, as well as in the Content original to the Directory.

c)       User is granted temporary license to download the Content solely for personal, non-commercial use; provided, however, that this temporary license shall terminate automatically if User uses any content of the directory for commercial purposes or in violation of applicable law, or breaches any of the terms or conditions contained in this Agreement.

d)       User shall not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any other way exploit any of the Content, in whole or in part. Except as otherwise expressly permitted by law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material shall be permitted without the express, advanced, written consent of the Company and/or the owner of the proprietary material.

e)       In the event of any permitted copying, redistribution or publication of proprietary material, no changes in or deletion of author attribution, trademark legend or copyright notice, if any, shall be made.

f)        User understands, acknowledges and expressly agrees that User shall not acquire any ownership rights by downloading proprietary material, or property of the Company.

i)         Suspected Copyright Infringement by Extremewrench Directory Posting. If User believes that any material posted to the Directory constitutes an infringement of a copyright, please provide the Extremewrench Directory’s designated copyright agent with the following information:

ii)       A description of the copyrighted work that User claims has been infringed upon;

iii)      A description of the allegedly infringing material and where such material is located on the Directory;

iv)     User’s mailing address, telephone number, and email address;

v)       A statement by User that User has a good faith belief that the disputed use of the material is not authorized by the copyright holder, its agent, or the law;

vi)     A statement by User, made under penalty of perjury, that the information provided in User’s notice to the Directory regarding the claimed copyright infringement is accurate, and that User is the copyright owner or authorized to act on the copyright owner’s behalf;

vii)    An electronic or physical signature of the copyright owner, or of a person designated to act on behalf of the copyright owner;

viii)  The signatory’s full legal name.

ix)      All claims of copyright infringement on the Directory should be addressed to the Directory’s designated copyright agent as follows: Contact Us

10)    No Endorsements: The Extremewrench Directory may provide, or third parties may provide through the Directory, links to other entities of websites, information on entities, products or services. As the Company has no control over such entities, products or services, User understands, acknowledges and expressly agrees that the Company shall not be responsible for the availability of such entities, products or services and does not endorse and shall not be responsible or liable for any content, advertising, product, or other materials on, or available from, such resources, or the failure of any link to operate.

a)       User further understands, acknowledges and expressly agrees that the Company shall not be responsible or liable, directly or indirectly, for any damages or loss caused or alleged to be caused by or through any such entities, products or services.

11)    Disclaimer of Warranties : THE DIRECTORY IS PROVIDED TO USER ON AN “AS IS” AND “AS AVAILABLE” BASIS. USER UNDERSTANDS, ACKNOWLEDGES AND EXPRESSLY AGREES THAT ACCESS TO OR USE OF THE DIRECTORY IS AT USER’S SOLE RISK AND THAT THE COMPANY SHALL ASSUME NO LIABILITY ARISING OR RESULTING FROM DIRECT OR INDIRECT USE OF OR ACCESS TO THE DIRECTORY. THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. NOTHING OBTAINED BY USER IN WRITING OR OTHERWISE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

a)       Neither the Company, its affiliates, nor any of their respective officers, directors, members, managers, employees, agents, representatives, third party content providers, or licensors, warrants that access to and use of the Directory will be uninterrupted and error-free; nor do they make any warranty as to the results that may be obtained from access to or use of the Directory, the accuracy or reliability of any Content provided on the Directory, or the results obtained from the use of the Content.

b)       The Extremewrench Directory may, but shall not be obligated to, provide links to web sites operated by third parties. User understands, acknowledges and expressly agrees that the Company makes no representations or warranties regarding such third party web sites and shall not be liable for any damages resulting from access to or use of such third party web sites.

c)       User further understands, acknowledges and expressly agrees that User’s access to and use of such third party web sites shall be subject to the terms of use and related policies of each site and that the Company shall not be responsible therefore. All information on the Extremewrench Directory is believed to be accurate, complete, reliable and up to date; however,

d)       User understands, acknowledges and expressly agrees that the Company shall assume no responsibility or liability for any injury, claim, or other damage arising from or related to User’s access to or use of the Directory, including without limitation:

i)         The content, accuracy, completeness, usefulness, timeliness, or reliability of any information included in the Directory, including without limitation any products, services, processes, or user reviews, postings, or other communications;

ii)       Any errors created in or damage to information User submits as a result of the installation or maintenance on the Directory, or its use by any person accessing the Directory;

iii)      The failure to post or deliver, or any errors in the delivery of, any user content or communication; or

iv)     The monitoring, deletion or editing of any content. Any material downloaded or otherwise obtained through access to or use of the Directory shall be so obtained at User’s own discretion and risk. User shall be solely responsible for any damage to User’s computer system, any loss of data, or any other damage that may result from the download of material from the Extremewrench Directory.

12)    Limitation of Liability: USER UNDERSTANDS, ACKNOWLEDGES AND EXPRESSLY AGREES THAT THE COMPANY AND IT’S EMPLOYEES, OWNERS AND AGENTS (AND THEIR RESPECTIVE SUCCESSORS OR ASSIGNIES) SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, LOSS OF PROFITS, USE, GOODWILL, OVERHEAD, EXPENSES, DATA OR ANY OTHER LOSS THAT ARISES AS A RESULT OF USER’S ACCESS TO OR USE OF OR INABILITY TO USE THE DIRECTORY, OR MODIFICATION, SUSPENSION, OR TERMINATION OF THE DIRECTORY, OR FROM ANY ACTION BY ANY THIRD PARTY RELATED THERETO.

a)       Exclusions and Limitations: Certain jurisdictions do not permit the exclusion of certain warranties or the limitation or exclusion of liability for certain damages. The disclaimers and limitations set forth in Sections 12 and 13 in this Agreement therefore apply to the maximum extent allowable by law.

13)    Indemnification: User understands, acknowledges, and expressly agrees that User shall indemnify, defend and hold harmless (with counsel acceptable to the Company) the Company, its affiliates, and their respective officers, directors, members, managers, employees, agents and representatives, third party content providers and licensors for any claims, demands, actions, causes of action, suits, sums of money, judgments, controversies, and other liabilities, at law or in equity, including reasonable attorneys’ fees and costs of litigation or arbitration, arising from or in any way relating to User’s violation of this Agreement or User’s access to or use of the Directory or the Content.

14)    Modification and Termination: The Company reserves the right to modify or terminate, temporarily or permanently, User’s access to and use of any part of the Directory, or the Directory in its entirety, at its sole discretion, with or without notice, for any reason, at any time.

a)       User understands, acknowledges and expressly agrees that User’s access to and use of the Directory may be so modified or terminated under any provision of this Agreement and that the Company shall not be liable to User or any third party as a result of the modification or termination of User’s access to or use of the Directory.

15)    PRIVACY POLICY of Garage IQ, LLC :

a)       Purpose: The privacy and protection of the information User provides to the Directory is important, and the purpose of this Privacy Policy is to describe the manner in which the Company handles information that is obtained when consumers access or use the Directory.

b)       User Acceptance. User hereby understands, acknowledges and agrees that the Company shall collect, use, disclose or otherwise handle information obtained in connection with consumers’ access to or use of the Directory in accordance with this Privacy Policy.

c)       Directory Monitoring; Information Collection and Storage. The Company shall have the right, but not the obligation, to monitor, to the maximum extent permissible by law, all User access to and use of the Directory, as well as any information obtained about User in connection with User’s access to and use of the Directory. The Company shall also have the right, but shall not be obligated, to collect and store, to the maximum extent permitted by law:

i)         Any personally identifying information User provides in connection with User’s access to use of the Directory, including without limitation User’s name, street address, email address, and phone number; and

ii)       Any information obtained as a result of User’s access to or use of the Directory, including without limitation the name of the domain and host from which User accesses the Internet, the Internet protocol address of the computer User is using; User’s browser software and operating system information; the date and time User accesses the Directory; and the Internet address of the web site from which User linked to the Directory.

iii)      In accordance with the Children’s Online Privacy Protection Act, when a visitor files a complaint online and indicates an age under thirteen, no personally identifying information is collected in conjunction with such submission.

d)       Information Use and Disclosure. The Company shall have the right, but not the obligation, to use or disclose, to the maximum extent permitted by law, any information collected and/or stored by the Company in relation to User’s access to and use of the Directory for purposes such as personalization and verification, as well as any other purpose permitted by law. The Company may use “cookies” to store and help track information, and User is aware that when User discloses information online, such information can be collected and used by others. User therefore accesses and uses the Directory, including submission of User information, at User’s sole risk.

16)    Information Security : No data transmission over the Internet is one hundred percent secure, and User understands, acknowledges and expressly agrees that the Company cannot warrant or ensure the security of any information obtained in relation to or as a result of User’s access to or use of the Directory. User’s access to and use of the Directory shall be at User’s sole risk.

17)    TERMS OF MEMBERSHIP :

a)       User may, for a monthly fee (the “Monthly Fee”) in an amount designated by the Company, be entitled to additional benefits. If USER becomes a member, such membership will automatically renew from month to month unless USER terminates such membership by providing at least thirty (30) days prior written notice To the Company at 2527 Aviation Way Minden , NV 89423-8947 . The credit card provided by the USER to the Company for billing purposes will be charged automatically each month in an amount equal to the Monthly Fee while USER is a member. The Company reserves the right to increase the Monthly Fee or add other charges upon reasonable notice. Except where prohibited or limited by applicable law, the Company disclaims all liability resulting from use or misuse of the credit card provided by the USER to the company for billing purposes. In processing membership terminations, the Company may inadvertently miss a deadline or otherwise fail to meet the criteria established by user’s credit card issuer to cancel charges to USER’s credit card in a timely manner; therefore, as a condition of membership, USER acknowledges and agrees that it may take up to ninety (90) days to terminate User’s membership after receipt of USER's termination notice as set forth in this section.

18)    Miscellaneous: Mandatory Choice of Law and Venue Selection. The Directory is created and controlled by GarageIQ LLC, a Nevada corporation. As such, the internal law, without regard to conflicts of laws principles, of the State of Nevada will govern all questions concerning the construction, validity and interpretation of this Agreement and the performance of the obligations imposed by this Agreement. The parties hereto hereby consent and agree to the exclusive jurisdiction of the state courts of the State of Nevada sitting in Washoe County, Nevada and the federal courts sitting in Reno, Nevada for any actions, suits or proceedings arising out of or relating to this Agreement and the matters contemplated hereby (and the parties agree not to commence any action, suit or proceeding relating thereto except in such courts); provided, however, that to the extent it is necessary to obtain injunctive relief in connection with the enforcement of any provision of this Agreement, the foregoing provision shall not prevent the Company from commencing such an action in another state or federal court having competent jurisdiction thereof. [Note: If the Company wishes, we can provide a mandatory arbitration clause.]

a)       Severability of the Provisions of this Policy. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement.

b)       Entire Agreement. This Agreement constitutes the entire Agreement between the parties concerning the terms and conditions of access to and use of the Directory. This Agreement supersedes any and all other Agreements, either oral or in writing, between the parties with respect to the matters stated herein, and this Agreement contains all of the covenants and Agreements between the parties with respect thereto. This Agreement may be amended or modified by the Company at any time without notice to User.

c)       Assignment. User shall not assign this Agreement or any of the rights, interests or obligations hereunder.