These are the terms and conditions for:
(My Car App) App (Available on Google Play and App Store).
(www.MyCarApp.com)
By using the platform and registering as a user, you agree to be bound by these terms and conditions and our privacy policy. In these terms and conditions, the words "platform" and "website" refers to the My Car App website, "we", "us", "our" and "My Car App" refers to My Car App and "you" and "user" refers to you, the user of My Car App.
The following terms and conditions apply to your use of the platform. This includes mobile and tablet versions, as well as any other version of My Car App accessible via desktop, mobile, tablet, social media or other devices.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING, POSTING INFORMATION ON, OR OBTAINING ANY SERVICES FROM THE WEBSITE.
This agreement sets forth legally binding terms for your use of My Car App. By registering and using the platform, you agree to be bound by this agreement. If you do not accept the terms of this agreement, you should not use the platform and discontinue use of the service immediately. We may modify this agreement from time to time, and such modification shall be effective upon its posting on the platform. You agree to be bound by any modification to these terms and conditions when you use My Car App after any such modification is posted; it is therefore important that you review this agreement regularly.
You represent and warrant that all registration information you submit is accurate and truthful; and that your use of the platform does not violate any applicable law or regulation. My Car App may, in its sole discretion, refuse to offer the services to any user and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the service and the platform is revoked in such jurisdictions.
The platform may only be used in compliance with these terms and all applicable local, state, national and international laws, rules and regulations.
By registering and using the platform, you represent and warrant that you have the full right, power and authority to enter into this agreement and to fully perform all of your obligations hereunder. You further represent and warrant that you are under no legal disability or contractual restriction that prevents you from entering into this agreement.
Use of the platform is prohibited for children under the age of 13. In the case of minors under the age of 18 and over the age of 13, it is the responsibility of parents and legal guardians to determine whether use of the platform or any of the content and functionality available on the platform is appropriate for their child or ward. Children under the age of 18 and over the age of 13 need parental authorization to use the platform. Auto Market Rep reserves the right to make the necessary verifications.
My Car App is a technology marketplace where users and vendors can identify themselves and buy and sell services and products related to auto repair, auto electrical, auto detailing, towing, upholstery, tires, wheels, auto parts for sale, cars for sale, jobs, etc. Subject to the terms of this agreement, Auto Market Rep provides services to users and vendors, including hosting and maintenance of the platform.
Unless My Car App by Auto Market Rep agrees otherwise in a separate written agreement with you, the platform is available solely for your personal, non-commercial use. Auto Market Rep does not itself provide the vendor's services or products. The provision of all services and products offered by the vendor is solely up to the Vendors. My Car App platform provides information and a method for obtaining such services and products from vendors but does not intend to provide such services or products and has no responsibility or liability for any services and/or products provided to users by vendors, including, but not limited to, a warranty of fitness for a particular purpose or compliance with any law, regulation or code. My Car App is not affiliated with, endorsed or sponsored by any third-party vendor.
4.1. Registration
In consideration of your use of the platform as a vendor user, you represent that you are of legal age to form a binding contract under any applicable jurisdiction. You agree to provide true, accurate, current and complete information about yourself. your services or products, as prompted by the registration form available on My Car App by Auto Market Rep, and to maintain and promptly update your registration data to keep it true, accurate, current and complete. If we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, (My Car App) by Auto Market Rep reserves the right to suspend or terminate your account and refuse any and all current or future use of the service (or any part thereof) at any time without notice.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. Auto Market Rep is not responsible for the information posted and shared through the platform. The information you provide and post through the platform may be visible to the general public.
4.2. Account
If you register with My Car App, you will be asked to choose a password and may be asked for additional information such as your email address. Users registering as a vendor user must provide their EIN number for the purpose of verifying the legitimacy and existence of the vendor's business. My Car App reserves the right to refuse registration to any user who does not provide the information and documents requested during registration. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify My Car App of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without prior authorization from Auto Market Rep. Auto Market Rep will not be liable for any loss or damage arising from your breach of this agreement.
By providing My Car App with your email address, you agree that we may use your email address to send you notifications, notices and communications about the platform. We may also use your email address to send you other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving notification emails, news or special content.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to (My Car App) Auto Market Rep.
My Car App reserves the right to terminate your account or your access immediately, with or without notice, and without liability to you, if Auto Market Rep believes that you have violated any of these terms, provided Auto Market Rep with false or misleading information, or interfered with another user's use of the platform or service.
4.3. User Content
Vendors may provide and upload content and information through the platform. vendors retain any copyrights or other rights they may have in the content and information they provide through the platform. Auto Market Rep is not responsible for the accuracy, safety or legality of the content posted on the platform by the vendors. The Vendor is solely and exclusively responsible for its content and the consequences of its publication. By providing content and information through the platform, the Vendor grants Auto Market Rep (My Car App) a worldwide, non- exclusive, royalty-free, fully paid-up right and license to host, store, transfer, perform, reproduce and modify the content of the vendor for the sole purpose of using and displaying it within the platform and to the general public.
4.4. User Content Representations and Warranties
My Car App disclaims all liability in connection with the content of the vendors. vendors are solely and exclusively responsible for their content and the consequences of providing content through the platform. By providing and uploading content through the platform, you affirm, represent and warrant that:
You are the owner of the content you provide through the platform, or have the necessary licenses, rights, consents and permissions to authorize Auto Market Rep to publish and display your content through the platform.
Your user content, and the use of your user content as contemplated by these terms, does not and will not (i) libels, defames, slanders, libels or invades the right of privacy, publicity or other proprietary rights of any other person; or (iii) causes Auto Market Rep to violate any law or regulation.
Your content could not be considered by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful or otherwise inappropriate.
Your content may not contain gambling, games or contests based on chance.
Your content does not and will not contain hateful content, threat of physical harm or harassment.
In addition to the above representations and warranties, the creator is prohibited from providing and publishing the following types of content:
Content depicting, promoting, facilitating or soliciting (real, simulated or implied) sexual activities with minors, incest, zoophilia, violence, kidnapping, rape, lack of consent, hypnosis, intoxication, sexual assault, torture, sadomasochistic or hardcore bondage abuse, weapons (unless obviously fake), asphyxiation, extreme fisting, genital mutilation, necrophilia.
Any content that includes any individual who has not consented to such content (a) being taken, captured or memorialized in any way, or (b) being posted, uploaded or shared on Auto Market Rep.
Content that depicts or promotes illegal or illicit drugs.
Content that depicts or promotes suicide or self-harm.
Any content that depicts illegal behavior or that may be considered obscene under applicable law.
Any content that depicts anyone under the age of eighteen (18).
Any content posted with the intent to extort money or other benefit from a third party in exchange for the removal of the content.
Any content that violates anti-discrimination laws.
Content posted with the intent to collect phone numbers, addresses, last names, email addresses, URLs, geographic location or any other personal information from users or third parties without their consent.
4.5. User Content Disclaimer
My Car App may, at any time and without prior notice, filter, remove, edit or block any user content that, in our judgment, violates these terms or is otherwise objectionable. If a user or content owner notifies us that user content allegedly does not conform to these terms, we may investigate the allegation and determine in our sole discretion whether to remove the user content, which we reserve the right to do at any time and without notice. You acknowledge and agree that Auto Market Rep reserves the right to, and may from time to time, monitor any and all information transmitted or received through the service for operational and other purposes. If at any time Auto Market Rep decides to monitor content, Auto Market Rep continues to assume no responsibility or liability for the content, or any loss or damage incurred as a result of the use of the content. During monitoring, information may be examined, recorded, copied and used in accordance with our privacy policy.
5.1. Account
If you register with Auto Market Rep, you will be asked to choose a password and you may be asked for account information such as your email address. You are responsible for maintaining the confidentiality of your password and account information and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Auto Market Rep of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out of your account at the end of each session. You may never use another user's account without prior authorization from My Car App. My Car App will not be liable for any loss or damage arising from your failure to comply with this agreement.
By providing My Car App with your e-mail address, you agree that we may use your e-mail address to send you information about services and products related to your searches on the platform and offered by user vendors. We may also use your e-mail address to send you notifications and other messages, such as changes to platform features, news and special content. If you do not wish to receive these emails, you may opt-out of receiving them by submitting your removal request through our contact information or by using the "unsubscribe" option in the emails. Opting out may prevent you from receiving news or special content emails.
Users may cancel their accounts at any time and for any reason by following the instructions on the platform or by sending us their request through our contact information. That termination will only result in the deletion of the account and the deletion of all the personal data granted to My Car App.
My Car App reserves the right to terminate your account or your access immediately, with or without notice to you, and without liability to you, if Auto Market Rep believes that you have breached any of these terms, furnished My Car App with false or misleading information, or interfered with use of the platform or the service by others.
Users may share personal and commercial information through the platform with other users. Any information that users share through the platform is the sole responsibility of the users themselves. Users are free to share information, but are responsible for the use of such information, its publication and disclosure. My Car App is not responsible for the information posted and shared through the platform. The information you provide and post through the platform may be visible to the general public.
The services and products offered by vendors through My Car App's services and platform are not offered or provided by My Car App. My Car App's services are limited to providing the platform to facilitate the connection between service and product vendors with users seeking specific services and products. Auto Market Rep is at no time responsible for the services or products offered by the vendors through My Car App's services.
My Car App is not responsible for the accuracy, safety or legality of the services and products offered by vendors through My Car App's services. My Car App is not responsible for the products and services offered through the My Car App services by the vendors. The provision of the services and products offered by the vendors through the platform and the My Car App services is the sole and exclusive responsibility of the users. Any transaction, agreement or business conducted between the Vendor and any user is the sole responsibility of the Vendor or the user. My Car App is not involved in or a party to any transaction or agreement for services or products made between the vendors and the Users.
Disputes arising between users shall be resolved by the users themselves. My Car App does not accept any claims in connection with the services and products provided by the Vendor.
My Car App is not responsible for damages to the physical or moral integrity of persons, such as injury, death or any other moral damage such as threats, insults and slander that may fall on a natural person, as a result of the communications established on the platform. The communications and relationships established between users as a result of any connection within the platform are the sole and exclusive responsibility of the users.
In the event that one or more users or any third party initiates any claim or legal action against another or other users, each and every one of the users involved in such claims or actions exempt My Car App from any liability.
“Third-Party Materials” means any content, images, videos, texts or other material that is owned by a third party, such as stock images, videos and texts. Such Third-Party Materials are subject to the applicable third-party terms and licenses and may only be used as permitted by such terms and licenses.
Through the platform, My Car App may make available to users, commercial and advertising information, own or third parties in accordance with good Vendor practices. In these cases, Auto Market Rep does not endorse, guarantee or commit its responsibility for the services and/or products marketed by these third parties, since the platform serves as a channel of communication and advertising, but not as a tool for the provision of services. Consequently, it is the full responsibility of the users to access the sites that refer advertising, assuming the obligation to verify and know the terms of the services offered by third parties.
My Car App gives you a personal, worldwide, royalty-free, non-assignable and non- exclusive license to use the platform provided to you by Auto Market Rep as part of the services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the services provided by Auto Market Rep, in the manner permitted by these terms. YOU MAY NOT COPY, MODIFY, DISTRIBUTE, SELL OR RENT ANY PART OF OUR PLATFORM OR THE CODE OR SOFTWARE INCLUDED ON THE PLATFORM, NOR MAY YOU REVERSE ENGINEER, EXTRACT THE SOURCE CODE OF THAT SOFTWARE OR COPY THE DESIGN AND ANY CONTENT AVAILABLE ON THE PLATFORM, UNLESS YOU HAVE OUR WRITTEN PERMISSION. YOU OR ANY THIRD-PARTY MAY NOT CREATE THE SAME OR SIMILAR SYSTEM OR COPY THE FUNCTIONALITY OR CODE OR PROCESSES INCLUDED IN THE PLATFORM.
The user agrees not to use the platform and the services negligently, for fraudulent purposes or in an unlawful manner. Likewise, the user agrees not to partake in any conduct or action that could damage the image, interests or rights of the Auto Market Rep platform or third parties.
This service prohibits sending of messages, that: (1) Any kind of messages that are catalogued as SPAM. (2) Are harassing, abusive, defamatory, obscene, in bad faith, unethical or otherwise illegal content (3) distribute trojans, viruses or other malicious computer software (4) Any message with political or religious content (5) Any message with obscene or offensive content
(6) Are intending to commit fraud, impersonating other persons, phishing, scams, or related crime (7) distribute intellectual property without ownership or a license to distribute such property (8) Breach, in any way, the terms of service, privacy policy or rules of this platform or the recipients.
My Car App by Auto Market Rep reserves the right to terminate your access immediately, with or without notice, and without liability to you, if My Car App believes that you have violated any of these terms or interfered with the use of the platform or service by others.
All ideas, concepts, designs, and other intellectual property related to our app are the exclusive property of My Car App. Any unauthorized copying, reproduction, distribution, or use of these materials without our written permission is strictly prohibited and will be met with legal action. By using our app, you agree to respect and protect our intellectual property rights."
By using our app, you agree not to copy, distribute, or disclose any of the ideas, concepts, or techniques contained in the app without our prior written permission. Any unauthorized copying, distribution, or disclosure of the app or its contents is strictly prohibited and may result in legal action. We reserve the right to take any necessary legal action to protect our intellectual property and prevent the unauthorized use or misappropriation of our app and its contents.
We reserve the right to take any necessary legal action to protect our intellectual property and prevent the unauthorized use or misappropriation of our app and its contents
Any personal information you post or submit in connection with the services and use of the platform will be used in accordance with our privacy policy. Please see our privacy policy.
The content and information available on the platform (including, but not limited to, data, information, text, music, sound, photos, graphics, video, maps, icons or other material), as well as the infrastructure used to provide such content and information, is proprietary to My Car App or licensed to the Auto Market Rep by third parties. For all content other than your content, you agree not to otherwise modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell or re-sell any information, software or services obtained from or through the platform. In addition, the following activities are prohibited:
Use the services or content for any commercial purpose, outside the scope of those commercial purposes explicitly permitted under this agreement and related guidelines as made available by (My Car App) Auto Market Rep.
Access, monitor, reproduce, distribute, transmit, broadcast, display, sell, license, copy or otherwise exploit any content of the services, including but not limited to, using any robot, spider, scraper or other automated means or any manual process for any purpose not in accordance with this agreement or without our express written permission.
Violate the restrictions in any robot exclusion headers on the services or bypass or circumvent other measures employed to prevent or limit access to the services.
Take any action that imposes, or may impose, at our discretion, an unreasonable or disproportionately large load on our infrastructure.
Deep link to any portion of the services for any purpose without our express written permission.
"Frame", "mirror" or otherwise incorporate any part of the website into any other platforms or service without our prior written authorization.
Attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by Auto Market Rep.
Circumvent, disable or otherwise interfere with security-related features of the website or features that prevent or restrict use or copying of any content.
Download any content unless it’s expressly made available for download by Auto Market Rep.
Auto Market Rep (My Car App) will provide its services with reasonable skill and care but does not give any guarantees, warranties or representations in respect of any other person's services.
Because of the nature of the Internet Auto Market Rep provides and maintains the platform on an "as is", "as available" basis and makes no promise that use of the platform will be uninterrupted or entirely error free. We are not responsible to you if we are unable to provide our Internet services for any reason beyond our control.
Our platform may from time to time contain links to other web sites which are not under our control of and are not maintained by us. These links are provided for your convenience only and we are not responsible for the content of those platforms.
Except as provided above we can give no other warranties, conditions or other terms, express or implied, statutory or otherwise and all such terms are hereby excluded to the maximum extent permitted by law.
You will be responsible for any breach of these terms by you and if you use the platform in breach of these terms you will be liable to and will reimburse Auto Market Rep for any loss or damage caused as a result.
My Car App will not be liable in any amount for failure to perform any obligation under this agreement if such failure is caused by the occurrence of any unforeseen event beyond its
reasonable control including without limitation Internet outages, communications outages, fire, flood, war or act of God.
These terms do not affect your statutory rights as a consumer which are available to you.
Subject as aforesaid, to the maximum extent permitted by law, Auto Market Rep (My Car App) excludes liability for any loss or damage of any kind howsoever arising, including without limitation any direct, indirect or consequential loss whether or not such arises out of any problem you notify to Auto Market Rep and My Car App shall have no liability to pay any money by way of compensation, including without limitation all liability in relation to:
Any incorrect or inaccurate information on the platform.
The infringement by any person of any Intellectual Property Rights of any third party caused by their use of the platform.
Any loss or damage resulting from your use or the inability to use the platform or resulting from unauthorized access to, or alteration of your transmissions or data in circumstances which are beyond our control.
Any loss of profit, wasted expenditure, corruption or destruction of data or any other loss which does not directly result from something we have done wrong.
Any amount or kind of loss or damage due to viruses or other malicious software that may infect a user's computer equipment, software, data or other property caused by persons accessing or using content from the platform or from transmissions via emails or attachments received from Auto Market Rep.
All representations, warranties, conditions and other terms which but for this notice would have effect.
No responsibility will be accepted by Auto Market Rep for failed, partial or garbled computer transmissions, for any computer, telephone, cable, network, electronic or internet hardware or software malfunctions, failures, connections, availability, for the acts or omissions of any user, internet accessibility or availability or for traffic congestion or unauthorized human act, including any errors or mistakes.
You agree to defend and indemnify Auto Market Rep from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties or other costs or expenses of any kind or nature including but not limited to reasonable legal and accounting fees, brought by third parties as a result of:
Your breach of this agreement or the documents referenced herein.
Your violation of any law or the rights of a third party.
Your use of the platform.
We may change the platform and these terms at any time, in our sole discretion and without notice to you. You are responsible for remaining knowledgeable about these terms. Your continued use of the platform constitutes your acceptance of any changes to these terms and any changes will supersede all previous versions of the terms. Unless otherwise specified herein, all changes to these terms apply to all users take effect. Furthermore, we may terminate this agreement with you under these Terms at any time by notifying you in writing (including by email) or without any warning.
This agreement and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Auto Market Rep DBA: My Car App without restriction.
This agreement together with the privacy policy and any other legal notices published by Auto Market Rep, shall constitute the entire agreement between you and Auto Market Rep concerning and governs your use of the platform and the services.
The user agrees that any dispute, claim or controversy arising out of or relating to these terms and conditions, or the breach, termination, enforcement, interpretation or validity thereof or the use of the platform, shall be resolved by binding arbitration between the user and Auto Market Rep, provided that each party retains the right to bring an individual action in a court of competent jurisdiction.
In the event a dispute arises in connection with the products and services offered through the platform or the breach of these terms and conditions, the parties agree to submit their dispute to arbitration resolution before a reputable arbitration organization as mutually agreed by the parties and in accordance with applicable commercial arbitration rules.
You agree to initiate a formal dispute proceeding by sending us a communication through our contact information. Auto Market Rep may choose to send you a written offer after receiving your initial communication. If we offer and send you a settlement offer and you do not accept the offer, or we are unable to resolve your dispute satisfactorily and you wish to continue with the dispute process, you must initiate the dispute resolution process before an accredited arbitration organization and file a separate Demand for Arbitration. Any award rendered by the arbitration tribunal shall be final and conclusive on the parties.
To the fullest extent permitted by law, you agree that you will not file, join or participate in any class action lawsuit in connection with any claim, dispute or controversy that may arise in
connection with your use of the platform and purchase of products posted and offered through the listings available on the platform.
The courts of the United States, specifically the courts located in the State of (insert State), shall have jurisdiction over any dispute, controversy or claim relating to Auto Market Rep and its business operations. Any such dispute or controversy shall be brought and resolved in the courts of the United States, specifically the courts located in the State of (Insert State).
These terms and conditions are governed by the laws of the United States. Use of the platform is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions.
Our performance of these terms is subject to existing laws and legal process, and nothing contained in these terms limits our right to comply with law enforcement or other governmental or legal requests or requirements relating to your use of our platform or information provided to or gathered by us with respect to such use.
If any part of these terms is found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not in any way be affected or impaired. Our failure or delay in enforcing any provision of these terms at any time does not waive our right to enforce the same or any other provision(s) hereof in the future.
Any rights not expressly granted herein are reserved.
If you have questions or concerns about these terms, please contact us through our contact page or via the contact information below:
Auto Market Rep. DBA: My Car App