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By visiting our Sites, using our Services and/or registering for an account with us, you accept and agree to be bound by the Terms of Service set forth below. ACCEPTANCE OF TERMS Carystal Inc. (“Carystal” “we,” “us,” or “our”) provides users with an online (mobile application) automotive information and communications platform, as well as related services that can be accessed from or through this website (collectively, “Services”). Please carefully read these Terms of Service before using the Services. By accessing or using the Services, including this website and mobile application, you accept and agree to be bound by these Terms of Service (“Terms of Service”) and all applicable laws, rules, and regulations associated with your use of the Services. If you do not agree to the Terms of Service, you are not authorized to use this website or the Services. These Terms of Service also apply to any co-branded or framed version of this website. Your use of certain materials and features of this website and/or the Services may be subject to additional terms and conditions which are incorporated herein by reference and become part of the Terms of Service. By using those materials and features, you also agree to be bound by such additional terms and conditions. Unless explicitly stated otherwise, any new features that augment or enhance the current Services shall be subject to the Terms of Service. This website is controlled and operated by Carystal from its offices within the United States. Carystal makes no representation that information or materials available on this website are appropriate or available for use in other locations, and access to this website from territories where its contents are illegal is prohibited. Those who choose to access this website from other locations do so at their own initiative and are responsible for compliance with applicable local laws. USER CONDUCT You are authorized by Carystal to access and use the Services, including the information on this website, solely for your personal, non-commercial use provided that you are at least 18 years of age. The information and materials displayed on this website may not otherwise be copied, transmitted, displayed, distributed, downloaded, licensed, modified, published, posted, reproduced, used, sold, transmitted, used to create a derivative work, or otherwise used for commercial or public purposes without Carystal’s express prior written consent. Any use of data mining, robots or similar data gathering or extraction tools or processes in connection with this website, and any reproduction or circumvention of the navigational structure or presentation of this website or its content, is strictly prohibited. You agree not to use the Services, including this website, for any unlawful purpose. In order to access certain features of this website you may be required to register. As part of the registration process, you will be required to select a user name and a password. You agree that the information you supply during that registration process will be accurate and complete, and that you will not register under the name of another person. Failure to provide accurate and timely information may result in your account being closed and/or your access to content provided through your account being suspended, discontinued, or removed. We reserve the right to disallow use of a user name that we deem offensive or inappropriate. If you supply a telephone number in connection with your use of the website, you consent to receive calls or texts at that number, whether manually or automatically dialed, from us. You are responsible for maintaining the confidentiality of your password and account and are fully responsible for all activities that occur under your password or account. You agree to immediately notify Carystal in writing of any unauthorized use of your password or account or any other breach of security, and ensure that you exit from your account at the end of each session. Carystal is not liable for any loss or damage arising from your failure to comply with this section. You agree not to modify the Services or use modified versions of the Services (except if modified by Carystal), including for the purpose of obtaining unauthorized access to the Services. You agree not to access the Services by any means other than through the interface that is provided by Carystal for use in accessing the Services. PRIVACY Carystal is committed to respecting your privacy and protecting your personally identifiable information. Carystal account data and certain other information about you and that you enter and/or we collect through your use of this website are subject to the Carystal Privacy Policy at http://www.carystal.com/legal/privacy. You understand that through your use of the Services, including this website, you consent to our collection and use (as set forth in the Carystal Privacy Policy) of your personally identifiable information. Please review our Privacy Policy for further information on our data collection and use practices. SERVICES All information provided on this website is for informational purposes only. Information displayed through the Services related to any virtual vehicle you may configure, such as factory invoice, market average, MSRP, price before TTL, Carystal Estimate, or Estimated Savings, either reflects or is based on available data relevant to your virtual vehicle and does not reflect a dealer's price for an actual vehicle consistent with your preferences. Neither the accuracy of information provided on this website, nor the availability, quality, or safety of vehicles, is guaranteed or controlled by Carystal, and Carystal assumes no responsibility for the foregoing. You agree that any reliance on the information on this website is at your own risk. Any discrepancies or mistakes made regarding vehicle availability, condition, pricing, and the like are not the responsibility of Carystal. You are encouraged to thoroughly review any documents you are asked to sign at the time of purchase or lease of a vehicle or of other products or services. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and your reasons for your belief to support[at]carystal[dot]com. By using the Services, you acknowledge and agree that dealers may not have in inventory a new vehicle that exactly matches any virtual vehicle you may configure on the website, and certain models or configurations may not be available. Your dealer will confirm vehicle availability, including available options and colors, from actual inventory. Each dealer sets and controls its own pricing. You may negotiate the purchase price directly with the dealer,. The savings information communicated directly to you by a selling dealer for a vehicle consistent with the preferences expressed in any virtual vehicle you may configure may change if the actual in-stock vehicle that you choose to buy differs from the configuration of your virtual vehicle.. For the avoidance of doubt, Carystal is solely a research and communications platform. Carystal is not a vehicle seller, dealer, broker or agent for vehicle sellers or dealers. We may provide links to other websites. You acknowledge and agree that, because we have no control over such sites, we are not responsible for them or the resources and information they contain. In particular, we are not responsible for the availability of services related to another website that has a link on Carystal.com; we do not necessarily endorse such sites, and we are not responsible or liable for any content, advertising, products or other materials on or available from such sites. Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You acknowledge and agree that Carystal will not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service. NO COMMERCIAL USE OF SERVICES You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Services. RIGHT TO DENY ACCESS AND TO MODIFY THE SERVICES Carystal reserves the right to deny use of, or access to, the Services to you and/or anyone for any or no reason. Carystal also reserves the right at any time and from time-to-time to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Carystal shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services (or any part thereof). INDEMNIFICATION You will indemnify, defend and hold harmless Carystal and its subsidiaries, affiliates, partners, officers, directors, employees, and agents (each a “Carystal Entity” and collectively “Carystal Entities”) from all claims, whether actual or alleged (collectively, “Claims”), that arise out of or in connection with a breach of these Terms of Service, use of the Services, including any content you submit, post, transmit, modify or otherwise make available through the Services, and/or any violation of law and/or the rights of any third party. You are solely responsible for defending any Claim against a Carystal Entity, subject to such Carystal Entity’s right to participate with counsel of its own choosing, at its own expense, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from all Claims against a Carystal Entity, provided that you will not agree to any settlement that imposes any obligation or liability on a Carystal Entity without its prior express written consent. DISCLAIMER OF WARRANTIES THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THE SERVICES, THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TIMELINESS, AND NONINFRINGEMENT. IN ADDITION, CARYSTAL DOES NOT WARRANT AGAINST DEFECTS IN ANY VEHICLE, AND DOES NOT MAKE ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS, PROMISES, OR STATEMENTS AS TO THE CONDITION, FITNESS, OR MERCHANTABILITY OF ANY VEHICLE OR SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM CARYSTAL OR THROUGH OR LINKED FROM THE SERVICES SHALL CREATE ANY WARRANTY EXPRESS OR IMPLIED. Carystal is not responsible for making repairs to any vehicle. If you have complaints or concerns about defects or repairs, please contact the dealer, seller, or manufacturer directly. LIMITATION OF LIABILITY; WAIVER IN NO EVENT SHALL THE CARYSTAL ENTITIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE OF DATA, INFORMATION, AND/OR CONTENT, OR OTHER INTANGIBLE LOSSES ARISING OUT OF, OR IN CONNECTION WITH THE SERVICES, INCLUDING ALL INFORMATION AND CONTENT ON OR OTHERWISE RELATED IN ANY WAY TO THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, OR ANY VEHICLE REFERENCED THEREIN. WITHOUT LIMITING THE FOREGOING, ANY INFORMATION AND CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICES IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR AND HEREBY WAIVE ANY AND ALL CLAIMS AND CAUSES OF ACTION WITH RESPECT TO ANY DAMAGE TO YOUR COMPUTER SYSTEM, INTERNET ACCESS, DOWNLOAD OR DISPLAY DEVICE, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH INFORMATION AND CONTENT. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH ANY SERVICE AND/OR THIS WEBSITE IS TO STOP USING THE SERVICE AND/OR WEBSITE. YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE CARYSTAL ENTITIES ARISING OUT OF YOUR USE OF OR INABILITY TO USE, OR IN CONNECTION WITH, THE SERVICES, INCLUDING ANY INFORMATION AND CONTENT ON THIS WEBSITE OR ANY THIRD-PARTY WEBSITE, PRODUCT, OR SERVICE LINKED TO OR FROM THIS WEBSITE, INCLUDING ANY CONTENT YOU PROVIDE TO THIRD PARTIES (INCLUDING PERSONALLY IDENTIFIABLE INFORMATION). YOU HEREBY IRREVOCABLY WAIVE ANY CLAIM (WHETHER FOR INJURY, ILLNESS, DAMAGE, LIABILITY AND/OR COST) AGAINST THE CARYSTAL ENTITIES ARISING OUT OF OUR COLLECTION, USE, RETENTION AND DISCLOSURE OF YOUR PERSONALLY IDENTIFIABLE INFORMATION. YOU HEREBY AGREE TO WAIVE ALL LAWS THAT MAY LIMIT THE FORGOING RELEASES/WAIVERS. FOR EXAMPLE, YOU SPECIFICALLY AGREE TO WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE SECTION 1542, WHICH PROVIDES: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IS KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.” EXCLUSIONS AND LIMITATIONS SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN IMPLIED WARRANTIES, OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU. NOTICE Carystal may provide you with notices by email, regular mail, SMS, MMS, text message, postings on the Services/website, or other reasonable means now known or hereafter developed. You acknowledge and agree that Carystal will have no liability associated with or arising from your failure to maintain and supply Carystal with accurate contact information about yourself, including your failure to receive important information and updates about the Services or this website. TRADEMARK INFORMATION AND INTELLECTUAL PROPERTY You agree that all of Carystal’s trademarks, trade names, service marks, logos, brand features, and product and Service names are trademarks and the property of Carystal, and that you will not display or use any of the foregoing without Carystal's prior written approval in each instance. You agree that the Services contain proprietary information protected by applicable intellectual property and other laws in favor of Carystal. You further agree that content and information presented to you through the Services is protected by copyrights, trademarks, service marks, patents and/or other proprietary rights and laws. COPYRIGHT OR INTELLECTUAL PROPERTY COMPLAINTS
Carystal respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been violated, please provide us with the following information:
Attn: Legal Department legal[at]carystal[dot]com CHOICE OF LAW; VENUE; CLASS ACTION WAIVER. The Terms of Service and the relationship between you and Carystal are governed by the laws of the State of California without regard to its conflict/choice of law provisions, and that any and all claims, causes of action, or disputes (regardless of theory) arising out of or relating to the Terms of Service, or the relationship between you and Carystal, shall be brought exclusively in the state or federal courts located in Santa Clara County, California. You and Carystal waive any and all objections to the exercise of jurisdiction over the parties by such courts and venue in such courts. ANY CLAIM AGAINST ANY OF THE CARYSTAL ENTITIES SHALL BE ADJUDICATED ON AN INDIVIDUAL BASIS, AND SHALL NOT BE CONSOLIDATED IN ANY PROCEEDING WITH ANY CLAIM OR CONTROVERSY OF ANY OTHER PARTY. AS SUCH, YOU AGREE THAT YOU WAIVE ANY RIGHT TO PARTICIPATION AS A PLAINTIFF OR AS A CLASS MEMBER IN A CLASS ACTION SUIT AGAINST ANY OF THE CARYSTAL ENTITIES. You may not be a representative of other potential claimants or a class of potential claimants in any dispute, nor may two or more individuals' disputes be consolidated or otherwise determined in one proceeding. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services, including this website, or the Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. GENERAL INFORMATION These Terms of Service may be amended from time to time without notice in Carystal’s sole discretion. Any changes to the Terms of Service will be effective immediately upon the posting of the revised Terms of Service on this website. The Terms of Service, including any agreements and terms incorporated by reference herein, constitute the entire agreement between you and Carystal and govern your use of the Services, including this website, and supersede any prior version of these Terms of Service between you and Carystal with respect to the Services. The failure of Carystal to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect. You agree that, except as otherwise expressly provided in these Terms of Service, there shall be no third-party beneficiaries to these Terms of Service. The headings in these Terms of Service are for convenience only and have no legal or contractual effect. As used in these Terms of Service, the word “including” is a term of enlargement meaning “including without limitation” and does not denote exclusivity, and the words “will,” “shall,” and “must” are deemed to be equivalent and denote a mandatory obligation or prohibition, as applicable. All definitions apply both to their singular and plural forms, as the context may require. Questions regarding these Terms of Service should be sent to legal[at]carystal[dot]com. Posted on and effective as of July 31, 2016.
Carystal, Inc. |