Last updated: January 23, 2017
The Services provided under this Agreement are meant to provide a basic overview of probable cause(s) and vehicle related awareness information concerning the electronic- and emissions-related systems in your vehicle. Probable cause(s) and Probable Fix(es) are based on years of historical data compiled by ASE Certified Master Technicians. Repair/cost estimates may be provided, and are based on parts and labor costs broken down by U.S. region.
Customers who purchase/utilize the CarMD Diagnostic Services (Services) may use a small device to plug into their vehicle’s OBD port, typically located beneath the steering column. The device collects and sends information from the vehicle to the CarMD website to allow CarMD to derive information concerning the likely vehicle condition, vehicle repairs, maintenance schedules, recalls, etc. Though that information has been found to be reliable, the information provided by the Services is not guaranteed to be accurate and is not intended to be a substitute for advice, diagnosis or repair by a qualified professional technician.
The CarMD website, API and software application contents, including text, graphics, images and other information (“Content”) are for informational purposes only. The CarMD Services should be used as a supplement to, not as a substitute for, a regular automotive maintenance program, which also includes basic mechanical upkeep such as regularly checking your tire pressure, brake pads, belts, oil and fluids, etc. CarMD does not recommend that you ignore or avoid the advice of a qualified technician, solely because of Content you read on the CarMD website, software application, or a Diagnostic Trouble Code (DTC) you receive from any device. Always seek the advice of your personal mechanic, dealership or an ASE Certified automotive technician with any questions you may have regarding vehicle maintenance or concerns. If you have an automotive emergency, pull to the side of the road, turn off the engine and call a qualified roadside maintenance service.
The CarMD website, API and software application contain varying levels of accessibility and information offerings, depending on user’s membership status.
License Grant/Use of the Services. Subject to your compliance with the terms and conditions of this Agreement, and the terms and conditions associated with the selected CarMD Services, CarMD grants you a personal, non-exclusive, and non-transferable license to use the Services as defined in below. You may not share any login information or access credentials to any third party.
Restrictions on Use. You may not: (i) decompile, disassemble, reverse engineer, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Services; (b) compile, repurpose, or sell the information provided by CarMD; (c) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services (except to the extent applicable laws specifically prohibit such restriction); or (d) retrieve or mine data associated with the Services which is not presented to the user during the normal course of use of the Services; (e) attempt to access or use the premium features of the Services if You have not paid the applicable fees or by any manner or method other than using the license key provided by CarMD; (f) redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer any registration codes and license keys; (g) use the Services in a timesharing, service bureau, application service provider, or similar business arrangement; or (h) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels used on any materials generated by the Services.
Proprietary Rights. Title, ownership rights, and intellectual property rights in the Services shall remain in CarMD and/or its licensors and other suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with CarMD’s or its licensors’ or other suppliers’ ownership of or rights with respect to the Services. The Services are protected by copyright and other intellectual property laws and by international treaties. Patents owned by CarMD are available at www.CarMD.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent or copyright owned by CarMD. All trademarks used in connection with the Services are owned by CarMD, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that CarMD may use in any manner and without limitation all comments, suggestions, complaints and other feedback You provide relating to the Services.
Passwords. CarMD website and software application offers some services that allow you to record and store information in a password-protected area, such as CarMD Login. You are responsible for taking all reasonable care to ensure that no unauthorized person shall have access to your CarMD passwords or accounts. You grant CarMD and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. CarMD does not assume any responsibility or liability for any information you submit.
CarMD “Public Areas”. If you use a Public Area of CarMD website or software application, such as a chat room, blog, bulletin board or testimonial form, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. CarMD and its licensors are not responsible for the consequences of any communications in the Public Areas. CarMD also reserves the right to delete, edit, or omit any offensive comments posted at any such public areas of the CarMD website.
Third Party Links and Content. CarMD website and software application may provide links to third-party web sites. CarMD, does not endorse the content on any such third-party websites, nor is CarMD responsible for the content of linked third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Mobile Device Data Usage. The Services may be accessed using your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Services, it may result in even higher charges. CarMD is in no way responsible or liable for any and all charges you receive from your data plan provider which arise from the use of the Services.
Application. The APIs are designed to help you enhance your websites, products, and services (Application). CarMD reserves the right to investigate any Application for compliance with these terms. Such investigations may include CarMD accessing and using your Application, for example to identify security issues that could affect CarMD or its users. You consent to any such investigation in acceptance of this Agreement. CarMD may suspend access to our APIs by you or your Application without notice if we reasonably believe that you are in violation of these terms.
Feedback. If you provide feedback or suggestions about our APIs, then we may use such information without any legal obligation to you.
Unusual usage. If CarMD observes an above average number of service requests, CarMD will open an investigation to determine the cause of the above average number of requests and communicate the conclusions to the user. In the event CarMD observes sustained above average number of requests, CarMD also reserves the right to reduce the level of service or deactivate your access to the Services.
Modifications to this Agreement and APIs. From time to time CarMD reserves the right to make changes to this Agreement and the APIs. When these changes are made, CarMD will make a new copy of the Terms available at this URL https://www.carmd.com/wp/carmd-telematics-maintenance-obd2-saas/policy/terms-of-use/. You understand and agree that if you use the SaaS Service after the date on which the Terms have changed, CarMD will treat your use as acceptance of the updated Agreement. If a modification is unacceptable to you, you may terminate this Agreement by ceasing use of the API(s).
Disclaimer of Warranty for the Services. THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARMD, ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTIES: THAT THE SERVICES ARE FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; THAT THE FUNCTIONALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE NON-INFRINGING. FURTHER, CARMD, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARMD OR A CARMD AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. AS SUCH, YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Severability. If any provision of these Terms are invalid, then that provision will be removed from the Terms without affecting the remaining Terms. The remaining Terms will continue to be valid and enforceable.
Termination. Should You breach this Agreement, Your right to use the Services shall terminate immediately and without notice. The respective rights and obligations of CarMD and You under the provisions of Restrictions on Use, Termination, Proprietary Rights, Indemnification, Limitation of Liability and Miscellaneous shall survive expiration or termination of this Agreement and You agree to continue to be bound by those terms.
Indemnification. You agree to indemnify, hold harmless and, at CarMD’s request, to defend CarMD, its affiliates, licensors and suppliers from any and all costs, damages and reasonable attorneys’ fees resulting from Your breach of this Agreement, or any claim that Your use of the Services has injured or otherwise violated any right of any third party or violates any law.
Injunctive Relief. You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by you shall cause CarMD irreparable damage for which recovery of monetary damages would be inadequate and that CarMD, therefore, may obtain timely injunctive relief to protect its rights under this Agreement, in addition to any and all other remedies available at law or in equity.
Limitation of Remedies and Damages. UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM USE OF THE SERVICES UNDER THIS AGREEMENT. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING SENTENCE IS HELD BY ANY COURT TO BE UNENFORCEABLE, NEITHER PARTY SHALL NOT IN ANY EVENT BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
Miscellaneous. This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of CarMD. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or CarMD may, at its option, terminate this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. CarMD may assign this Agreement to any entity at its sole discretion. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between CarMD and you relating to the subject matter of this Agreement. This Agreement may be updated or modified by CarMD, in which case notice of such update or modification shall be prominently indicated on the CarMD website. Your continued use of the Services after such notice shall constitute Your acceptance of the updated or modified Agreement.
Contact Information. Questions or comments? Please contact us.
Applicable Law. This Agreement shall be governed by the applicable law of the state of California, excluding its choice of law provisions. Any dispute arising under this Agreement shall be resolved in a Federal or State Court located in Orange County, California.