Last revised: April 14, 2024
These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
These Terms of Service (the “Agreement”), and all of the policies, guidelines, rules, and agreements included throughout this website collectively create the legally binding terms and conditions on which Carcirus offers you access to and use of its services, which include the use of the website, products, and marketplace (collectively, the “Services”). If you decide to access and use the Services, you agree to be bound by this Agreement, our policies, guidelines, rules, and agreements, all of which are incorporated here by reference. In using our Services, you also agree to abide by all local, state, or federal laws and regulations. If, for any reason, you do not agree to these terms and conditions, please stop using the services immediately.
We do not represent our Services are governed by or operated in accordance with the laws of other nations, or that the Services or any portion of them are appropriate or available for use in any particular location. If you choose to access the Services, you do so at your own risk, and you are responsible for complying with all local laws, rules, and regulations.
By accessing or using our Services, you are accepting this Agreement (on behalf of yourself or the entity you represent), and you represent and warrant that you have the right, authority, and capacity to enter into these terms (on behalf of yourself or the entity you represent). You further represent that you are at least 26 years of age and that you are not a person barred from receiving our Services under the laws of the United States or any other applicable jurisdiction.
1. Your Use of Our Services
You may access portions of our platform without registering. However, you will be required to register with and sign into the Services to access all of our features. You are responsible for maintaining the confidentiality of your username, password, and other information used to register and sign into our platform, and you are fully responsible for all activities that occur under this username and password. Please immediately notify us of any unauthorized use of your account or any other breach of security by contacting us at sales@carcirus.com. If you interact with us or with third-party service providers, you agree that all information that you provide will be accurate, complete, and current.
We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services or any part thereof with or without notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services or any part thereof.
2. Our Intellectual Property
The name Carcirus, our platform, and all other Carcirus marks, logos, designs, and phrasing used in connection with our Services are trademarks, service marks, or trade dress of Carcirus in the United States and may not be used without the prior and express written permission of Carcirus.
Carcirus and our associated logos and names, if any, are our trademarks and/or service marks. Other trademarks, service marks, names, and logos used in conjunction with our Services, such as trademarks, service marks, names, or logos associated with third-party organizations, are the intellectual property of their respective owners. You are granted no right or license with respect to any of the foregoing trademarks, service marks, or logos.
Our platform and Services may be protected by copyright, trademark, patent, trade secret and/or other laws, and we reserve and retain all rights in our platform and Services. We hereby grant you a limited, revocable, non-sublicensable, non-exclusive, and non-transferable license to access our platform solely for a use authorized by this Agreement. You may not otherwise reproduce, distribute, communicate to the public, make available, adapt, publicly perform, link to, or publicly display the platform or Services or any adaptations thereof unless expressly set forth herein.
3. Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to this website without express written consent from Carcirus. You must not use this website to transmit or send unsolicited commercial communications. You must not use this website for any purposes related to marketing without express written consent from Carcirus.
4. Restricted Access
Access to certain areas of this website is restricted. Carcirus reserves the right to restrict access to areas of this website, or indeed this entire website, at Carcirus’ discretion.
If Carcirus provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. Carcirus may disable your user ID and password in its sole discretion without notice or explanation.
5. User Content
In these terms and conditions, “User Content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You retain ownership of any intellectual property contained in your User Content. However, you hereby grant (and represent and warrant that you have the right, permission, content, or license to grant) us and other users of our platform a royalty-free and fully paid, irrevocable, transferable, sublicensable, and non-exclusive perpetual license throughout the universe for use in any and all media whether now known or hereafter devised to use and exploit any and all of your User Content that you submit to us or through our platform. You also waive to the fullest extent permitted by law any and all claims against us related to moral rights in your User Content. In no circumstances will we be liable to you for any exploitation of any of your User Content.
Carcirus has no obligation of protecting as proprietary or confidential, express or implied, with respect to any User Content that you submit to us through our platform, email, telephone, or otherwise, such as any questions, comments, suggestions, feedback, or the like. You agree that you will not submit to us any information or ideas that you consider to be confidential or proprietary. Carcirus shall be entitled to use, exploit, or disclose (or choose not to use, exploit, or disclose) such User Content at our sole and absolute discretion without any obligation to you whatsoever (i.e., you will not be entitled to any compensation or reimbursement of any kind from us under any circumstances whatsoever). We shall be free to use any ideas, concepts, know-how or techniques contained in any communication from you to us or another user through our platform, for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products, without further authorization from you and without any compensation to you.
Your User Content must not be illegal or unlawful, must not infringe any third party’s legal rights, and must not be capable of giving rise to legal action whether against you or Carcirus or a third party (in each case under any applicable law).
You must not submit any User Content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
Carcirus reserves the right to edit or remove any material submitted to this website, or stored on its servers, or hosted or published upon this website.
Notwithstanding Carcirus’ rights under these terms and conditions in relation to User Content, Carcirus does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
6. No Warranties
This website is provided “as is” without any representations or warranties, express or implied. Carcirus makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, Carcirus does not warrant that:
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any [legal, financial or medical] matter you should consult an appropriate professional.
7. Limitations of Liability
Carcirus will not be liable for any direct, indirect, incidental, special, punitive, consequential or exemplary damages which would include, but is not limited to, lost profits or data, goodwill, damage to reputation, injury or interruptions of service. These limits extend to any and all possible legal claims and theories whether the claimed damages are financial or non-financial in nature. Carcirus shall not be liable for any liability or damage related to or arising out of your use of (or inability to use) the Services, the platform or any transaction or interaction with any other user of the Services. You understand that Carcirus provides the technology and platform for you to interact with other users, and, as such, Carcirus cannot and does not guarantee any particular performance.
To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this Agreement (for any cause whatsoever and regardless of the form of the action), will at all times be limited to a maximum of one hundred US dollars ($100). The existence of more than one claim will not enlarge this limit.
If you are dissatisfied with any portion of our platform and/or Services, your sole and exclusive remedy is to discontinue use of our platform and/or Services.
Some jurisdictions may not permit certain limitations of liability or damages. If any court determines the law of such a jurisdiction applies, our liability shall be limited to the greatest extent permitted by law.
8. Release
To the fullest extent permitted by law, you release Carcirus and its affiliates and subsidiaries, and any of their trustees, members, directors, officers, shareholders, employees, representatives, consultants, attorneys, agents, suppliers, distributors, licensees and/or licensors from any and all responsibility, liability, claims, demands, and/or damages (actual and consequential) of every kind and nature (including personal injuries, death, and property damage), known and unknown, arising out of or in any way connected with the following: (i) disputes between users, including those between you and other users; (ii) third party sites and services, including content and/or services found on such sites and services; (iii) disputes concerning any use of or action taken using your User Account by you or a third party; and/or (iv) claims relating to the unauthorized access to any data communications or content stored under or relating to your User Account, including unauthorized use or alteration of such communications or your content.
If you have a dispute with one or more of our users, or with any party who provides advertising or third party services, on, or through our platform or in conjunction with our Services, or with any party who provides any website/application linked to our platform, your dispute is solely with that user or third party, and you release Carcirus from all claims, demands, and damages (direct, incidental, indirect, punitive, statutory, exemplary, expectation, special, or consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such dispute.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE §1542 WHICH STATES THAT “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THIS RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.” THE LIMITATIONS IN THIS SECTION NEITHER LIMIT NOR ALTER ANY RIGHTS YOU MAY HAVE AS A CONSUMER THAT CANNOT BE EXCLUDED UNDER APPLICABLE LAW.
You also waive any and all benefits and rights that would otherwise accrue to you by reason of the provisions of any federal or state statute or principle of common law of any state of the United States, or any political entity or nation, province or local law or regulation that may govern this release, which statute, regulation, law, or principle provides in substance something similar to California Civil Code § 1542.
You agree not to file any action or lawsuit inconsistent with the foregoing release.
9. Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
10. Other Parties
You accept that Carcirus has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against Carcirus’ officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect Carcirus’ officers, employees, agents, subsidiaries, successors, assigns and sub-contractors.
11. Governing Law
This Agreement will be governed by, and construed in accordance with, the substantive laws of the State of California without reference or regard to the conflicts of law rules thereof.
Venue-all disputes shall be held in a court located in the city of San Francisco.
Credit Card Authorization. You hereby authorize charges to your credit card reflecting the rental fee and any and all costs related to the vehicle including but not limited to repairs, tickets, tolls etc
12. Notice to California Users
Under California Civil Code Section 1789.3, users of our platform and Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at (916) 445-1254 or (800) 952-5210.
13. Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
14. Indemnity
You hereby indemnify Carcirus and undertake to keep Carcirus indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by Carcirus to a third party in settlement of a claim or dispute on the advice of Carcirus’ legal advisers) incurred or suffered by Carcirus arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
15. Breaches of these Terms and Conditions
Without prejudice to Carcirus’ other rights under these terms and conditions, if you breach these terms and conditions in any way, Carcirus may take such action as Carcirus deems appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
16. Variation
Carcirus may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
17. Severability
The invalidity of any portion of this Agreement will not and shall not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the parties agree that the remaining provisions shall be deemed to be in full force and effect as if they had been executed by both parties subsequent to the expungement of the invalid provision.
18. No Waiver
The failure of either party to this Agreement to insist upon the performance of any of the terms and conditions of this Agreement, or the waiver of any breach of any of the terms and conditions of this Agreement, shall not be construed as subsequently waiving any such terms and conditions, but the same shall continue and remain in full force and effect as if no such forbearance or waiver had occurred.