Terms & Conditions
Last edited on
Jan 5, 2023
Thank you for visiting the Carfeine Website located at https://www.carfeine.com/.
YOU AGREE TO READ THESE TERMS CAREFULLY BEFORE EACH USE OF THE SITE.
The Site is offered and made available only to users 18 years of age or older, and if you are not yet 18 years old, you must have a parent or guardian's permission to view the Site. Moreover, if your use of the Site is prohibited or restricted in any way by the laws, regulations, or other governmental requirements of the jurisdiction in which you live or reside, or if, for any reason and at any time, you do not agree with all of the terms and conditions contained in these Terms, please discontinue using the Site immediately. BY USING THE SITE: (I) YOU CERTIFY THAT YOU ARE AT LEAST 18 YEARS OF AGE OR HAVE A PARENT OR GUARDIAN'S PERMISSION FOR YOUR USE OF THE SITE, AND (II) YOU UNDERSTAND, ACKNOWLEDGE, AND AGREE TO BE BOUND BY THESE TERMS. YOUR REMEDY FOR DISSATISFACTION WITH THE SITE, OR ANY SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THE SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR SERVICES OR CONTENT. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THE SITE.
When we use the term "Agreement," we mean and are referring to these Terms, as well as any additional terms and conditions that apply to and govern your use of the features, functions, and services we make available to you from time to time through the Site. These Terms will remain in full force and effect as long as you are a user of the Site, even if your use of or participation in any particular service, feature, or function terminates, expires, ceases, is suspended, or deactivated for any reason.
The words "use" or "using" in this Agreement means any time an individual (a "user"), directly or indirectly, with or without the aid of a machine or device, does or attempts to access, interact with, use, display, view, print or copy from the Site, receive data from the Site, or in any way utilizes, benefits, takes advantage of or interacts with any function, service or feature of the Site, for any purpose whatsoever. This Agreement does not cover your rights or responsibilities with respect to third-party content or any links on the Site that may direct your browser or your connection to third-party Web sites or Web pages.
1. GENERAL USE OF THE SITE.
The Site is available to users in the general public without registering, and you may visit and browse the Site without charge or obligation; provided, however, we reserve the right in our sole discretion to make changes, limit or restrict any portion of the Site at any time and from time to time, without notice to you. While browsing the Site is free, many of the Services available through the Site are available only by paying a fee.
These Terms are effective as of January 5, 2023. We reserve the right, at any time and from time to time, for any reason in our sole discretion, to change the terms of this Agreement without any liability or obligation to you, with or without notice. We will post or display notices of material changes on the Site. Once we post them on the Site, these changes become effective immediately, and if you use the Site after they become effective, it will signify your agreement to be bound by the changes. You acknowledge and agree that it is your responsibility to review the Site and these Terms periodically and to be aware of any modifications or revisions. You should check back frequently and review the terms and conditions of this Agreement regularly, so you are aware of the most current rights and obligations that apply to you and the terms and conditions of your agreement with us.
3. OWNERSHIP AND PROPRIETARY RIGHTS.
Copyright © 2023 Carfeine, Inc. All Rights Reserved.
The Site, including all content, media and materials, all software, code, design, text, images, artwork, photographs, computer graphics, audio and video material, media files, as well as any accompanying materials, tangible or intangible, and all copyrightable or otherwise legally protectable elements of the Site, including, without limitation, the selection, sequence and "look and feel" and arrangement of items, and all derivative works, translations, adaptations or variations of same, regardless of the medium, broadcast medium, format or form, now known or hereinafter developed, alone or in conjunction with other works, characters, real or imaginary, in any part of the world, are the property of Carfeine and/or its affiliates, and their authorized advertisers, licensors, suppliers, service providers, promotional partners and/or sponsors (all of the foregoing, individually and/or collectively, is referred to herein as "Content").
All Content on the Site is legally protected, without limitation, under U.S. Federal and State, as well as applicable foreign laws, regulations, and treaties. Carfeine authorizes you to access Content and grants you the right to use the Site solely for your non-commercial, non-exclusive, non-assignable, non-transferable, and limited personal use and for no other purpose whatsoever. You must not alter, delete or conceal any copyright or other notices contained on the Site, including notices on any Content you display, print, or reproduce from the Site. Unless we explicitly and specifically notify you otherwise in writing, you shall not, nor will you allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, sell, upload, transmit, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party Web site) or otherwise use, any Content without the express prior written consent of Carfeine. Any unauthorized or prohibited use of any Content, including use in contravention of this Agreement, may subject you to civil liability, criminal prosecution, or both.
You may not use any computerized or automatic mechanism, including, without limitation, any Web scraper, spider, or robot, to access, extract or download any Content from the Site unless you are expressly authorized to do so by Carfeine. As an express condition of your use of the Site, you warrant to Carfeine that you will not use the Site for any unlawful purpose or purpose prohibited by this Agreement. If you violate any part of this Agreement, your permission to use the Content automatically terminates, and you must immediately destroy any copies you have made of any of the Content. Carfeine makes no representation that any Content is legal or appropriate for use outside of the United States of America or that it is authorized for export from the United States of America or for import into any foreign country. You are solely responsible for complying with all import and export laws and regulations and all applicable laws of any jurisdiction inside and outside of the United States of America from which you may access the Site.
We respect the intellectual property of others, and we ask you to do the same. Accordingly, Carfeine has adopted the following Intellectual Property Compliance Policy. If you or any user of the Site believes its copyright, trademark, or other property rights ("IP Rights") have been infringed, the IP Rights owner ("Complaining Party") should send a notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:
A physical or electronic signature of the Complaining Party or such person authorized to act on behalf of the Complaining Party;
Identification of the IP Rights claimed to have been infringed;
Information reasonably sufficient to permit us to contact the Complaining Party or such person authorized to act on behalf of the Complaining Party, such as address, telephone number, and, if available, an electronic mail address at which the Complaining Party may be contacted;
Identification of the material that is claimed to be infringing or to be subject to infringing activity on the Complaining Party's IP Rights that is to be removed and information reasonably sufficient to permit us to locate such materials;
A statement that the Complaining Party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or by law; and
A statement that the information in the notification is accurate and, under penalty of perjury, the Complaining Party or such person authorized to act on behalf of the Complaining Party is the owner of an exclusive IP Right that is allegedly infringed.
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c) ("DMCA"), our Designated Agent for notice of claims of IP Rights infringement can be reached as indicated below.
Designated Agent for Claimed Infringement:
On notice, we will act expeditiously to review and, if necessary remove content on the Site that infringes the copyright rights of others and will disable the access to the Site and its services of anyone who uses them to infringe the intellectual property rights of others repeatedly. Any such removal will be without liability to you or any other party, and that the claims of the Complaining Party will be referred to the United States Copyright Office for adjudication as provided in the DMCA. We take the protection of copyrights, both our own and others, very seriously.
The brands, names, logos, trade names, trademarks, service marks, and other distinctive identifications (collectively “Marks”) on or of the Site , including, without limitation, "CARFEINE," "CARA," "reVIN" and our stylized logo are the intellectual property of and proprietary to Carfeine, its advertisers, suppliers and others with whom Carfeine do business. You have no right to use any of these Marks or any confusingly similar marks for any purpose without the express prior written consent of Carfeine.
4. TRADEMARK LICENSE FOR REVIN.
Subject to the terms of this Agreement, if you subscribe to use reVIN, then Carfeine hereby grants to you the non-exclusive, non-assignable, non-transferable, non-sublicenseable right and license to use the mark reVIN in connection with the registration symbol " ®", in connection with the operation of your automotive services. The foregoing license permits you to use the reVIN mark on (i) your website and (ii) in other advertising media substantially distributed to advertise your services. The foregoing license does not include: (a) the right to use the reVIN mark in any manner except as authorized herein or (b) the right to register a domain name containing the reVIN mark without Carfeine 's express, prior, written consent, which consent will be in Carfeine 's sole and absolute discretion. Except as expressly set forth herein, Carfeine 's does not grant any other rights in the reVIN mark to Licensee, and nothing herein assigns, or will be deemed to assign, any of Carfeine 's rights in the reVIN mark to Licensee.
You acknowledge Carfeine 's established rights in the reVIN mark and the goodwill of the business associated therewith, and you agree that nothing in this Agreement shall give you any right, title, or interest in the reVIN mark other than the right to use the reVIN mark with the registration symbol " ®" in accordance with this Agreement. All goodwill in the reVIN mark arising from your use thereof shall inure solely to the benefit of Carfeine.
To protect the reVIN mark, including the Registration and goodwill of the business associated therewith, you agree and covenant that you will not, during the Term of this Agreement (as defined below) or any time thereafter, in any jurisdiction: (i) directly or indirectly attack the title or any rights of Carfeine in or to the reVIN mark or Registration; (ii) register or apply to register (or maintain any application or registration for) any trademark, service mark or domain name that contains or is confusingly similar to the reVIN mark; (iii) knowingly use the reVIN mark in any manner or commit any other act likely to jeopardize Carfeine 's rights in the reVIN mark or Registration; (iv) knowingly do any act that is likely to invalidate, impair or dilute the reVIN mark or Registration; or (v) use or permit the use of the reVIN mark in any manner that would tend to devalue, injure, tarnish or dilute the goodwill or reputation of Carfeine or its business.
You certify that your business meets and shall continue to remain in compliance with any State or Federal licensing bureau governing your business and all applicable government or industry standards, regulations, guidelines, rules, laws, and the like covering your business, as well as any additional quality control standards as may be agreed to in writing by you and Carfeine.
You are permitted to use the reVIN mark only in connection with the advertising and marketing of your automotive business. You shall not use the reVIN mark in connection with any business other than your automotive services and shall not use the reVIN mark in combination with any other trademarks, service marks or design logos inside or outside the Territory without the prior, written consent of Licensor, which consent will be in Licensor 's sole and absolute discretion.
5. DISCLAIMER AND LIMITATIONS OF LIABILITY.
We try to assure the accuracy of all information displayed on the Site, although we cannot guarantee that all of the information is 100% accurate. AS SUCH, THE SITE AND ALL MATERIALS AND SERVICES THEREON ARE MADE AVAILABLE ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, OR ANY GUARANTY OR ASSURANCE THE SITE WILL BE AVAILABLE FOR USE, OR THAT ALL PRODUCTS, FEATURES, FUNCTIONS OR OPERATIONS WILL BE AVAILABLE OR PERFORM AS DESCRIBED. Without limiting the foregoing, we are not responsible or liable for any malicious code, delays, inaccuracies, errors, or omissions arising out of your use of the Site . You understand, acknowledge and agree that you are assuming the entire risk as to the quality, accuracy, performance, timeliness, adequacy, completeness, correctness, authenticity, security and validity of any and all features and functions of the Site .
YOU UNDERSTAND AND AGREE THAT, TO THE FULLEST EXTENT PERMISSIBLE BY LAW, THE SITE , CARFEINE OR, ANY OF THEIR AFFILIATES, OR THEIR RESPECTIVE SUCCESSORS AND ASSIGNS, OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, LICENSORS, OPERATIONAL SERVICE PROVIDERS, ADVERTISERS, OR SUPPLIERS, SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, OF ANY KIND, DIRECT OR INDIRECT, IN CONNECTION WITH OR ARISING FROM USE OF THE SITE OR FROM THIS AGREEMENT, INCLUDING, BUT NOT LIMITED TO, COMPENSATORY, CONSEQUENTIAL, INCIDENTAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, OUR MAXIMUM AGGREGATE MONETARY LIABILITY UNDER ANY THEORY OF LAW (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY AND INFRINGEMENT) SHALL NOT EXCEED $1,000.00.
6. DOWNLOADING APPS FROM THE SITE
Carfeine 's Apps are copyrighted and they are licensed under the terms and conditions of this Agreement. You acknowledge and agree that: (a) the App is licensed, not sold, to you, and you do not and will not have or acquire any ownership interest in the App, or in any related Intellectual Property Rights; (b) Carfeine is, and will remain, the sole and exclusive owner of all right, title and interest in and to the App, including all Intellectual Property Rights relating thereto, subject only to the limited license granted to you under this Agreement; and (c) nothing herein transfers or assigns, or will be deemed to transfer or assign, any such Intellectual Property Rights in the App to you. For purposes of this Agreement, "Intellectual Property Rights" means any and all registered and unregistered rights granted, applied for or otherwise now or hereafter in existence under or related to any patent, copyright, trademark, trade secret, or other intellectual property rights laws in any jurisdiction in the world.
Subject to you remaining in full and ongoing compliance with the terms and conditions of this Agreement, including payment of any applicable license and service fees, Carfeine hereby grant to you, and you accept, a personal, limited, nonexclusive, non-transferable, non-assignable, revocable license to use the specific App you downloaded during the Term in machine-readable, object code form only on one (1) device, and only as authorized in this Agreement.
The license to use the App is conditioned on the following license restrictions, and any use of the App in violation of any of these restrictions, or any of the other terms of this Agreement is a breach of this Agreement. Unless authorized by Carfeine, installation of the App on a network server solely for distribution to other computers is strictly prohibited. Except as this Agreement expressly permits, you shall not, and shall not permit any other person to: (a) copy the App, in whole or in part; (b) modify, correct, adapt, translate, enhance or otherwise prepare derivative works or improvements of the App or any part thereof; (c) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make the App available to any person, including on or in connection with the Internet or any time-sharing, service bureau, software as a service, cloud or other technology or service; (d) reverse engineer, disassemble, decompile, decode or adapt the App, or otherwise attempt to derive or gain access to the source code of the App, in whole or in part; (e) bypass or breach any security device or protection used for or contained in the App; (f) remove, delete, efface, alter, obscure, translate, combine, supplement or otherwise change any trademarks, warranties, disclaimers, or Intellectual Property Rights (as defined below), proprietary rights or other symbols, notices, marks or serial numbers on or relating to any copy of the App; (g) use the App in any manner or for any purpose that infringes, misappropriates or otherwise violates any Intellectual Property Right or other right of any person, or that violates any applicable law (including any laws regarding the export of data or software to and from the US or other countries); (h) use the App for purposes of: (1) benchmarking or competitive analysis of the App; (2) developing, using or providing a competing software product or service; or (3) any other purpose that is to Our detriment or commercial disadvantage; or (i) use the App in any manner or for any purpose or application not expressly permitted by this Agreement.
The term of the App will commence on the date you download the App ("Effective Date") and will continue in effect until you terminate your account with Carfeine (the "Term"). You may terminate the App by uninstalling it. Carfeine may terminate your right to use the App at any time if you: (i) violate any provision in this Agreement or (ii) fail to pay any fee associated with the App, and do not cure the failure within ten (10) days following receipt of Carfeine 's written notice of default.
Upon the termination of this Agreement: (a) all rights, licenses and authorizations granted to you hereunder will immediately terminate and you shall: (1) immediately cease all use of and other activities with respect to the App; (2) within fifteen (15) days, deliver to Carfeine, or at its written request, destroy, and permanently uninstall the App from your device; and (3) pay all amounts due and payable by you to Carfeine of any kind no later than ten (10) days after the effective date of the termination of this Agreement.
7. INTERNATIONAL USE.
Although the Site may be accessible worldwide, we make no representation that materials thereon are lawful, appropriate or available for use in locations outside the United States of America, and accessing them from territories where its content is illegal is prohibited. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all local laws. Any offer for any product, service, and/or information made in connection with the Site is void where prohibited.
8. MISCELLANEOUS TERMS.
Without limitation, this Agreement contains the entire understanding and agreement between you and Carfeine and supersedes any and all prior, inconsistent, or other understandings relating to the Site and your use of the Site. This Agreement cannot be modified, changed, or terminated, except as specifically described herein. Moreover, you shall not assign this Agreement or any part thereof to a third party, and any such assignment, or attempted assignment, will be null and void.
If any provision of this Agreement is held to be illegal, invalid, or unenforceable, this will not affect any other provisions herein, and this Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable. Any provision which must survive in order to allow us to enforce its meaning shall survive termination of this Agreement; provided, however, no action arising out of this Agreement or your use of the Site, regardless of form or the basis of the claim, may be brought by you more than one year after the cause of action has arisen (or if multiple causes, from the date the first such cause arose).
Carfeine shall not be in default of any obligation under this Agreement if the failure to perform the obligation is due to any event beyond its control, including significant failure of a part of the power grid, significant failure of the Internet, failure of third party tools and services used to provide the App, natural disaster, war, riot, insurrection, pandemic, terrorist activity and events related thereto, strikes or other organized labor action, or other events of a similar magnitude or type.
This Agreement and your use of the Site shall be governed by, construed, and enforced in accordance with the substantive laws of the State of Maryland applicable to contracts made, executed, and wholly performed in that State, and, for the purposes of any and all legal or equitable actions, you expressly agree and submit to the exclusive jurisdiction and venue of the applicable State, and Federal Courts situated in the State of Maryland and agree you will not object to such jurisdiction or venue on the grounds of lack of personal jurisdiction, forum non conveniens or otherwise; provided, however, that notwithstanding the foregoing, you agree that Carfeine has the sole right and discretion to commence and prosecute an action against you in connection with this Agreement, in your home jurisdiction. To the extent it may be applicable, you agree to opt-out from and expressly exclude any applicability of the Uniform Computer Information Transactions Act.
IN ANY ACTION OR PROCEEDING COMMENCED TO ENFORCE ANY RIGHT OR OBLIGATION OF THE PARTIES UNDER THIS AGREEMENT, YOUR USE OF THE SITE, OR WITH RESPECT TO THE SUBJECT MATTER HEREOF, YOU HEREBY WAIVE ANY RIGHT YOU MAY NOW HAVE OR HEREAFTER POSSESS TO A TRIAL BY JURY. In addition, in disputes concerning this Agreement, Carfeine shall be entitled to the costs of collection, enforcement, and injunctive relief, including reasonable attorneys ' fees and court costs, and all necessary expenses, regardless of whether litigation is commenced.
A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.