TERMS AND CONDITIONS (T&C)
These terms and conditions form a contract between Client (hereinafter “User” or “you” or “your”) and NOCNEXX LLC d/b/a CAR PRO INSPECTIONS [http:// www.carproinspections.com] (referred to as “we”, “us”, “our” and “Company” in this document) that governs your access and use of the website and our car inspection services (collectively as the “Services”). Please read these Terms carefully. It is a legally binding agreement between you and Company. By your use of our website, you agree to comply with all of the terms and conditions set out in this document.
ACCESSING, BROWSING OR OTHERWISE USING THE WEBSITE OR OUR SERVICES INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS, SO PLEASE READ THE TERMS CAREFULLY BEFORE PROCEEDING.
- ELIGIBILITY: User represents and warrants that (i) User has the right and authority to enter into this Agreement; and (ii) he/she abides all of the terms and conditions of this Agreement.
- MINOR: If you are a minor, we reserve the right to terminate your use and refuse to provide you with access to the website or any services if it is brought to our notice or if it is discovered that user is under the age of 18 years.
- UPDATES: We may change these Terms from time to time, by posting updates to our website. An update will be effective for any website use after the date of the update. The user’s continued use of services will constitute binding acceptance of such modifications.
- OTHER DOCUMENTS: In addition to these T&C, use of CAR PRO INSPECTIONS’s website is also governed by the following documents: (i) Our Privacy and Cookies Policy.
- YOUR ACCOUNT: If you open an account with us, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer system, and you agree to accept responsibility for all activities that occur under your account or password. You agree that if You provide any information that is untrue, inaccurate, not current or incomplete or We have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms, We shall have the right to indefinitely suspend or terminate or block access of your IP on the Website and refuse to provide You with access to the Website. User agrees to notify Company immediately of any unauthorized use of his Account. Company shall not be liable for any unauthorized use of User Account.
- OUR SERVICES: CAR PRO INSPECTIONS is a used-vehicle inspection and reporting platform enabling users who submit a used-vehicle inspection request within the State of Georgia and which is accepted by CAR PRO INSPECTIONS to be anonymously matched with a vehicle technician (“Technician”) who will then execute a standard inspection at a location designated by the vehicle user, the results of which will be compiled in a report by CAR PRO INSPECTIONS and provided to the user.
- REPORT: Our technician will evaluate the overall condition of the designated vehicle and prepare vehicle inspection report from the visual and external checks only and are limited to the parts and/or items identified on the inspection report. Vehicle inspections do not involve dismantling or disturbing of any structure, assembly, component or internal mechanism. We do not verify that the seller has the legal right to sell the vehicle. We are not responsible for any representations made by the seller or any other party. Our inspection report shall not be construed as a substitute for any safety and/or emissions inspection that is required by applicable state laws. Our inspection report does not act as a warranty or as an insurance policy on the vehicle’s condition nor does Company or its services extend or affirm any warranty on the vehicle issued by or provided by the seller. You agree that you are responsible for all repairs or any costs associated with owning and maintaining a vehicle.
- ROAD TESTING: Road testing is carried out within the immediate area of the vehicle inspection. The term ‘Test-Drive’ does not necessarily mean that the inspector will actually drive the vehicle himself. If the seller refuses to grant permission, the vehicle is not legal for use on the road or deemed unsafe, the inspector may at his sole discretion elect to observe from the passenger seat or not ride in the vehicle at all.
Note: The listed inspection price on our website does not include taxes. Such taxes, if any, shall be added to the cost of our service.
- CANCELLATION AND REFUNDS: Services that are canceled after Technician’s scheduled appointment, user agrees to pay a 50 % Cancellation fee. User agrees that all fees and charges paid to the Company are Refundable in the following cases: (i) If Technicians are not available; or (ii) If the vehicle is sold or not available prior to scheduling an appointment with us by the seller. In case of Refund, user has both options either to receive a full refund or to receive credit for its next inspection.
- LICENSE: Our website and all materials including designs, icons, photographs, video clips, and written text that appear as part of this Site are protected by copyright, trade secret, and other intellectual property laws. Your use of our website is based on the license of Company’s Intellectual Property to you. Company grants you a limited, non-transferable license to access Company’s website and related services in accordance with these T&C.
- RIGHTS OF COMPANY: The Company provides the services solely on an “AS IS” basis and disclaims all warranties and liability for your use of the website and related services because the vehicle being inspected is a “used” vehicle. You agree that you will be purchasing the vehicle in an “as is” condition, unless otherwise warranted by the seller. Company reserves the right, in its sole and absolute discretion, to modify, suspend, or discontinue at any time, with or without notice, the Sites and/or services offered on or through the Sites (or any part thereof), including but not limited to the website, features, look, feel, related content and services.
- INTELLECTUAL PROPERTY: Company reserves all rights in the Intellectual Property not expressly granted to User. For purposes of this document, “Intellectual Property” shall mean (a) methodology for the provision of Services; and (b) ideas, website, applications, processes, code, technology, software, copyrights, logos, domain names, patents, trade secrets, trademarks, content and materials. Company hereby retains all worldwide right, title and interest in and to the Intellectual Property. Any rights not expressly granted herein to the Intellectual Property shall be retained by Company. You acknowledge that all right, title and interest to the Intellectual Property is owned by Company.
- PROHIBITED ACTIVITIES: Other than as permitted herein, you shall not (and you shall not permit others), directly or indirectly, to modify, to translate, to decompile, to disassemble or to reverse engineer any part of the website or other related services, or otherwise to attempt to discern the functioning or operation of the website or services. You shall not (and you shall not permit others to): (i) use any robot, crawls, spider, scraper or other automated means to access the website or services for any purpose without our express written permission; (ii) violate the security of any computer network, or cracks any security encryption codes; (iii) run mail-list, listserv, any form of auto-responder or “spam” on the Services, or any processes that interfere with the proper working of the Services (including by placing an unreasonable load on the Services’ infrastructure); (iv) interfere or attempt to interfere with the proper working of our website or any activities conducted on the website, (v) remove any trademark, copyright or other proprietary notices from any portion of the Services; or (vi) bypass any measures Company may use to prevent or restrict access to the website, software or the Services.
- USER’S CONTENT/DATA
Users are solely responsible for all materials that they e-mail, transmit, or otherwise send to us (“Users’ Content”). Each User represents and warrants that he/she owns all intellectual property rights in the User’s Content and that no part of the User’s Content infringes any third party rights. Company agrees to conduct the services with due diligence to protect the interests to their best of their ability. You acknowledge and agree for not to use, nor permit any third party to use, the Company’s email address and message box to distribute or transmit any of the following, including but not limited to:
- Illegal and fraudulent information,
- threatening, harassing, inappropriate or objectionable information communications of any kind, including without limitation conduct that would encourage “flaming” others, or criminal or civil liability under any local, state, federal or foreign law;
- Trojan horse, worm or other disruptive or harmful software or data; and
- Any other information or Content which is not legally yours and without permission from the intellectual property rights owners.
- DISCLAIMERS: YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY AND ITS OFFICERS, EMPLOYEES, AGENTS, AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, YOUR USE OF THE WEBSITE IS ALSO SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEBSITE.
COMPANY AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL (REPORTS) PROVIDED TO YOU. COMPANY CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
- LIMITATION OF LIABILITY: EXCEPT WHERE PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR THIRD PARTY SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES (WHETHER DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES (INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF USE) ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS OR YOUR USE OR INABILITY TO USE THE SITES, ANY WEBSITES LINKED TO IT, ANY CONTENT OR SERVICES MADE AVAILABLE ON THE SITES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS AFFILIATE PARTNERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES (COLLECTIVELY, THE “EXCLUDED DAMAGES”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOUR’ SOLE AND EXCLUSIVE REMEDY FOR ANY OF THE ABOVE CLAIMS OR ANY DISPUTE WITH THE COMPANY IS TO DISCONTINUE YOUR USE OF THE SITES AND SERVICES.
IN CERTAIN JURISDICTIONS, SOME LIABILITIES CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. IN SUCH JURISDICTIONS, THE LIMITATION OF LIABILITY IN THESE TERMS MAY NOT APPLY TO YOU. THE LIMITATIONS IN THIS PARAGRAPH WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW EVEN IF ANY OTHER REMEDY AVAILABLE TO YOU FAILS OF ITS ESSENTIAL PURPOSE.
You agree to defend, indemnify and hold Company and its affiliates, service providers, partners and their respective officers, directors, employees and agents (the “Indemnified Parties”) harmless against any claim for damages, losses or any costs, including attorneys’ fees, arising from or related to your use of this Website or the Materials.
- JURISDICTION AND APPLICABLE LAW
The use of the Website or other related services and any agreements entered into through the Website are to be governed by and construed in accordance with the laws of State of Georgia without any conflict of laws. To the maximum extent permitted by law, you irrevocably consent to the jurisdiction of the courts located in Marietta, GA for any proceeding arising out of or relating to these Terms and Conditions.
- ENTIRE AGREEMENT
These terms and any policies or operating rules posted on the Sites (but excluding those terms and other conditions offered by the Third Party Providers) constitute the entire agreement and understanding between you and the Company. No action of Company, other than an express written waiver, may be construed as a waiver of any part of this agreement, and no employee of Company is authorized to waive it orally.
This agreement is binding for the benefit of and upon the parties hereto, their heirs, assigns, legal representatives and successors. If any provision of these terms is held to be illegal, invalid or unenforceable, this will not affect any other provisions and the Agreement will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
- CONTACT US [FOR NOTICE AND OTHER COMMUNICATIONS]
If you have questions in relation to our use of these technologies you can contact us at:
NOCNEXX LLC (d/b/a Car Pro Inspections)
PO Box 7723