IMPORTANT – PLEASE CAREFULLY READ AND
UNDERSTAND THESE TERMS OF SALE AND CONDITIONS OF USE BEFORE ACCESSING, USING, OR PLACING AN ORDER
THROUGH OUR WEBSITE. THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
(SEE SECTIONS 15 AND 16). THESE TERMS FOR AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND
RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.
THESE
TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT. PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT
FOR YOUR RECORDS.
Your use of
https://carcrackaway.com/, including any sub-domains thereof, affiliated websites, and mobile applications
(collectively, the “Website”), which are owned and maintained by Car Crack Away (“Nexa Commerce
LLC”, "Nexa", “we,” “our,” “us”), are governed by the policies, terms, and conditions set forth
below. Please read them carefully. We offer the Website, including all information, tools, products,
and services available from the Website to you, the user, conditioned upon your acceptance of all
terms, conditions, policies, and notices stated here. By accessing, using, or placing an order over
the Website, you agree to the terms set forth herein. If you do not agree to these terms and
conditions in their entirety, you are not authorized to use the Website in any manner or form
whatsoever.
These Terms of Sale and Conditions of Use
shall be governed by the laws of Delaware.
THIS AGREEMENT CONTAINS ARBITRATION AND CLASS
ACTION WAIVER PROVISIONS THAT WAIVE YOUR RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL AND RIGHT
TO PARTICIPATE IN A CLASS ACTION. ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND
ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 17 OR IF YOU OPT-OUT. PLEASE CAREFULLY REVIEW THE
DISPUTE RESOLUTION PROVISIONS IN SECTION 17 BELOW WHICH DESCRIBES YOUR RIGHT TO OPT-OUT.
You can review the most current
version of the Terms at any time on this page (https://carcrackaway.com/terms.html). We
reserve the right to update, change, or replace any part of these Terms by posting updates and/or
changes to our Website. It is your responsibility to check this page periodically for changes. YOUR
CONTINUED USE OF OR ACCESS TO THE WEBSITE FOLLOWING THE POSTING OF ANY CHANGES CONSTITUTES BINDING
ACCEPTANCE OF THOSE CHANGES.
TABLE OF CONTENTS
1. WEBSITE USE
2. PRIVACY & SECURITY DISCLOSURE 3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT
RESTRICTIONS 4. PRODUCTS SOLD FOR PERSONAL USE ONLY
5. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION 6. MODIFICATIONS TO THE WEBSITE AND PRICES
7. PAYMENT 8. ORDER PLACEMENT AND ACCEPTANCE 9. SUBSCRIBE & SAVE PROGRAM 10. SHIPPING 11. DELIVERY
CONFIRMATION 12. MONEY BACK GUARANTEE 13. STANDARD RETURNS AND REFUNDS POLICY; LIFETIME
WARRANTY 14. SOCIAL MEDIA 15. DISCLAIMER OF WARRANTIES 16. DISCLAIMER OF LIABILITIES 17. DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS
ACTION WAIVER 18. INDEMNIFICATION 19. THIRD-PARTY WEBSITES AND LINKS 20. TESTIMONIALS, REVIEWS, AND OTHER SUBMISSIONS 21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE 22. ELECTRONIC COMMUNICATIONS 23. ASSIGNMENT 24. NO WAIVER
25. SEVERABILITY 26. TERMINATION 27. SMS
PERMISSIONS 28. ENTIRE AGREEMENT 29. QUESTIONS OR ADDITIONAL INFORMATION
TERMS OF SALE AND CONDITIONS OF USE
1. WEBSITE USE
By using the Website and
agreeing to these Terms, you represent that you are at least the age of majority in your state or
province of residence. If you use the Website, you affirm that you have the legal capacity to enter
into a binding contract with us, have read this Agreement, and understand and agree to its terms.
2. PRIVACY & SECURITY DISCLOSURE
Our privacy policy may be
viewed at
https://carcrackaway.com/privacy-policy. The Privacy Policy is
incorporated into these Terms by reference and constitutes a part of these Terms.
3. GENERAL CONDITIONS AND WEBSITE USER CONDUCT
RESTRICTIONS
All aspects of our Website are
protected by U.S. and international copyright, trademark, and other intellectual property laws. You
do not acquire any ownership or other rights by downloading or using the Website or any material on
it.
You agree not to use or attempt
to use the Website or any products or services in any unlawful manner or for any unlawful purpose.
You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through
the Website including, but not limited to: (1) hacking and other digital or physical attacks on the
Website; (2) publishing vulgar, abusive, obscene, or defamatory material; (3) soliciting others to
perform or participate in any unlawful acts; (4) violating any international, federal, provincial or
state regulations, rules, laws, or local ordinances; (5) infringing upon or violating our
intellectual property rights or the intellectual property rights of others; (6) harassing, abusing,
insulting, harming, defaming, slandering, disparaging, intimidating, or discriminating based on
gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (7)
submitting false or misleading information; (8) uploading or transmitting viruses or any other type
of malicious code that will or may be used in any way that will affect the functionality or
operation of the Website; (9) collecting or tracking the personal information of others; (10)
interfering with or circumventing the security features of the Website; or (11) any other unlawful
act.
Car Crack Away reserves the
right to terminate your access to the Website or any of its services if it determines that you (1)
do not comply with these Terms of Sale; (2) provide false, inaccurate, or incomplete information
during our registration process; (3) engage in any conduct that would otherwise harm any of CarCrackAway.com Commerce LLC’s rights or interests in its Website, services, or other property; or (4) for any or no
reason whatsoever without prior notice to you. Car Crack Away may take any other actions
necessary in this regard or seek any remedies permitted by law.
4. PRODUCTS SOLD FOR PERSONAL USE ONLY
You further agree that any
products or services you purchase from Car Crack Away on or through the Website will be used for
your personal, non-commercial use. You agree that you will not resell, redistribute, modify, or
export any product that you order from the Website. You agree to follow any and all instructions
provided and related to any product purchased from the Website.
You are not permitted to view and/or order any items from
the Website where such viewing or ordering is not permitted by law in your domicile, residence,
or physical location.
5. THE ACCURACY, COMPLETENESS, AND TIMELINESS OF
INFORMATION
While we endeavor to provide
accurate and current information on our Website, there may be information on our Website that
contains typographical errors, inaccuracies, or omissions related to product descriptions, pricing,
promotions, offers, product shipping charges, transit times, and availability. We reserve the right
to correct any errors, inaccuracies, or omissions, and to change or update information or cancel
orders if any information on the Website or on any related website is inaccurate at any time without
prior notice (including after you have submitted your order).
We have made every effort to
display as accurately as possible the appearance, colors, textures, or finishes of our products that
appear on the Website. What you see will depend on your monitor and computer equipment and we are
unable to guarantee that the product images are an accurate representation of the actual
merchandise. Please refer to our
Returns and Refund Policy if you are unhappy
with your purchase or contact us for more information on how we can best resolve your inquiry. You
may also contact us at frank@carcrackaway.com.
This Website may contain
certain historical information. Historical information, necessarily, is not current and is provided
for your reference only. We reserve the right to modify the contents of this Website at any time,
but we have no obligation to update any information on our Website. You agree that it is your
responsibility to monitor changes to our Website.
6. MODIFICATIONS TO THE WEBSITE AND PRICES
We reserve the right to modify
or discontinue access to the Website (or any part or content thereof) without notice at any time. We
shall not be liable to you or to any third party for any modification, suspension, or discontinuance
of access to the Website. Certain products or services may be available exclusively online through
the Website. These products or services may have limited quantities and are subject to refund,
return or exchange only according to our
Returns and Refund Policies.
All descriptions of products or
product pricing are subject to change at any time without notice, at our sole discretion. Any offer
for any product or service made on this Website is void where prohibited.
7. PAYMENT
All charges are in U.S.
Dollars.
By submitting payment information to us, you
represent and agree that: (i) you are fully authorized to use that card or account; (ii) all payment
information provided is complete and accurate; (iii) you will be responsible for any payment card
fees; and (iv) that sufficient funds exist to pay us the amount(s) due.
We and our third-party payment service
providers may request, and we may receive, updated credit card information from your credit card
issuer, such as updated card numbers and expiration date information when your credit card has
expired. If such updated information is provided to us and our third-party payment service
providers, we will update your account information accordingly. Your credit card issuer may give you
the right to opt-out of providing vendors and third-party payment service providers with your
updated credit card information. If you wish to opt-out of your credit card’s updating service, you
should contact your credit card issuer.
We are not responsible for any
fees or charges that your bank or credit card issuer may apply. If your bank or credit card issuer
reverses a charge to your credit card, we may bill you directly and seek payment by another method
including a mailed statement.
These Terms will apply to all fees paid by credit cards
or other means regardless of whether future payments are automatically collected by credit card
or by other means at a later agreed date as set out on our Website. Cancellation, dispute,
and/or reversal of credit card payments does not constitute cancellation of your payment
obligations under these Terms.
8. ORDER PLACEMENT AND ACCEPTANCE
Your electronic order
confirmation, or any form of confirmation, does not signify our acceptance of your order. We reserve
the right to accept or deny shipment to anyone for any reason. Products are also subject to
availability. As there is a delay between the time when your order is place and the time when the
order is accepted, the stock of that particular item may change. In the event we deny your order or
if any item becomes out of stock before we accept the order, we will notify you as soon as possible
and you will receive a refund to your original form of payment. You understand and agree that we
will not be liable for any losses or damages that may result from our refusal to provide you any
product or service. We reserve the right to require additional information before processing any
order.
9. SUBSCRIBE & SAVE PROGRAM
9.1. If you go to the Website
to purchase a product, you may have the option of buying a product one time, or enrolling in our
Subscribe & Save Program for certain products where available. If you purchase a
subscription, it is automatically billed according to the billing interval or schedule that you
chose and the payment method you provided when you purchased the subscription until you cancel the
subscription. We may use an account updater to automatically update your payment information in the
event it changes, in which case, your renewal will be billed to the updated account information. If
you wish to submit a billing inquiry or cancel your subscription, you may do so at any time. You
must cancel your subscription forty-eight (48) hours prior to your next billing date in order to not
receive your next scheduled order. You may cancel your subscription by contacting Customer Support
by email (frank@carcrackaway.com).
9.2. Car Crack Away may
offer trial subscriptions for certain products, including PrimeDiscounts. If you purchase a trial
subscription, it will continue month-to-month unless and until you cancel your membership or we
terminate it. You must cancel your membership before it renews each month in order to avoid billing
of the next month’s membership fees. You may cancel your membership by sending an email to
frank@carcrackaway.com
9.3. PrimeDiscounts trial
members may receive a 14-day free trial membership. The paying portion of your membership will begin
14 days after your trial has begun. We will continue to bill your Payment Method on a monthly basis
for your membership fee until you cancel. To cancel your subscription, send an email to
frank@carcrackaway.com. Monthly PrimeDiscounts membership subscriptions
automatically renew each month at the stated retail price until the subscription buyer sends an
email to frank@carcrackaway.com notifying the company that they wish to cancel.
9.4. Charges for Nexa Commerce
LLC's products, services, subscriptions, and any other charges you may incur in connection with your
use of the service, such as taxes, will be charged to your Payment Method. The length of your
billing cycle will depend on the type of product or subscription that you purchased. In some cases
your payment date may change, for example if your Payment Method has not successfully settled, when
you change your subscription plan or if your paid membership began on a day not contained in a given
month.
9.5. Changes to the Price and Subscription
Plans. We reserve the right to change our subscription plans or adjust pricing for our service or
any components thereof in any manner and at any time as we may determine in our sole and absolute
discretion. Except as otherwise expressly provided for in these Terms of Service, any price changes
or changes to your subscription plan will take effect following notice to you.
10. SHIPPING
Nexa ships to addresses located
in the United States and internationally. Please visit our
Shipping Policy page for
additional information regarding order processing, order handling, shipping times, and commercial
couriers used by Car Crack Away.
Accurate shipping address and
phone number are required. We are not responsible for late shipments/missing shipments if you enter
incorrect shipping address information. If you discover that you have made a mistake with your order
after it has been submitted or wish to cancel your order after you placed it and before it has been
shipped, please contact Customer Support immediately by email
(frank@carcrackaway.com). You must contact us as soon as possible in order to attempt to modify or cancel
your pending order. However, we cannot guarantee that we will be able to amend your order in
accordance with your instructions.
Thos Website’s products and services are currently not
available in (and the Website’s servers may not be accessed from) the following countries:
Belarus, Cuba, Eritrea, Iran, North Korea, Iraq, Syria, Venezuela, Yemen, Congo, Central African
Republic and in the following regions: Crimea – Region of Ukraine, Russian Industry Sector. This
list may change from time to time, without notice. We retain the right to refuse shipping
products to and providing services in these countries/regions, regardless of whether this list
is up to date, in compliance with OFAC, EAR, & ITAR sanctions in place from time to
time. In addition, this Website is not in the business of supplying products and/or services to
governments or government employees.
11. DELIVERY CONFIRMATION
Because many instances may
occur at your delivery address that are beyond our control, you agree that any delivery confirmation
provided by the carrier is deemed sufficient proof of delivery to the cardholder, even without a
signature.
12. MONEY BACK GUARANTEE
12.1. Car Crack Away offers
a Money-Back Guarantee on certain purchases within ninety (90) days for one-time purchases from the
date that you placed your order for a full refund according to the terms found in our
Refunds and Return Policy. The Money-Back
guarantee is only valid on products purchased directly from
https://carcrackaway.com/. Purchases that do not qualify for CarCrackAway.com Commerce LLC’s Money-Back Guarantee are subject to our
Returns and Refund Policy.
Please email frank@carcrackaway.com to request a refund under our Money-Back Guarantee.
12.2. Car Crack Away will
refund the entire purchase price for all approved refunds. Refunds will be issued to the same credit
card or method of payment that was used to order the product.
12.3. PrimeDiscounts monthly
membership plan payments are non-refundable.
In the event that you do not
experience results from your monthly membership plan, and can demonstrated that you attempted to
follow your personalized plan, you are eligible for a refund. Please refer to our detailed
Returns and Refund Policy for more information.
13. STANDARD RETURN & AND REFUND
POLICY
Car Crack Away wants you to
be beyond satisfied with your experience with us so we have made returning or exchanging products
easy. If you are dissatisfied with our product, or if it arrives damaged, please refer to our
detailed
Returns and Refund policy.
After the shipping department
receives your return, it generally takes 7-10 business days to process your refund. Once a return is
processed, it may take up to 30 days for the return to be posted to your account, depending on your
financial institution.
14. SOCIAL MEDIA
This section applies to
everyone who interacts with our social media presence, including comment sections, feeds, and other
elements of social media presence viewable on Facebook, Instagram, YouTube, Pinterest, Twitter,
Google+, LinkedIn, or any of the many other available external third-party social media platforms we
may use (“Social Media Presence”).
The sites and platforms that
host our Social Media Presence are not controlled by us and therefore have their own privacy
policies and terms of use. The comments and opinions expressed by users on social media are theirs
alone and do not reflect the opinions of Car Crack Away, and we have no obligation to monitor or
remove user comments. If you see an offensive or inappropriate post or comment on our Social Media
Presence, you should report it to the operator of the applicable site or platform using the
procedures they have established for that purpose.
15. DISCLAIMER OF WARRANTIES
EXCEPT WHERE PROHIBITED BY LAW,
THIS WEBSITE AND ALL PRODUCTS PROVIDED ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS WITHOUT
WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE
OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND
EXPRESSLY DISCLAIM ANY AND ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS,
QUALITY, SUITABILITY, AVAILABILITY, ACCURACY AND/OR COMPLETENESS OF ANY INFORMATION ON THIS WEBSITE.
WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A) OUR PRODUCTS, SERVICES,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED THROUGH THE WEBSITE WILL MEET YOUR REQUIREMENTS
OR EXPECTATIONS, OR (B) THE WEBSITE OR THE SERVER(S) THAT MAKE THE WEBSITE AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER
EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NONINFRINGEMENT OF THIRD-PARTY RIGHTS, ARE
HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
16. DISCLAIMER OF LIABILITIES
EXCEPT WHERE PROHIBITED BY LAW,
IN NO EVENT SHALL Car Crack Away OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY,
CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS
AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR OR A THIRD-PARTY’S USE OR ATTEMPTED USE OF THE
WEBSITE OR ANY PRODUCT, REGARDLESS OF WHETHER Car Crack Away HAS HAD NOTICE OF THE POSSIBILITY OF
SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF
PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR
ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY,
WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR
OTHERWISE. IF, NOTWITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, Car Crack Away IS
FOUND LIABLE UNDER ANY THEORY, Car Crack Away’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE
LIMITED TO USD $500.00. THIS LIMITATION OF LIABILITY SHALL APPLY FOR ALL CLAIMS, REGARDLESS OF
WHETHER Car Crack Away WAS AWARE OF OR ADVISED IN ADVANCE OF THE POSSIBILITY OF DAMAGES OR SUCH
CLAIMS. SOME STATES DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS.
17. DISPUTE RESOLUTION BY MANDATORY BINDING
ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS PROVISION
CAREFULLY; IT REQUIRES YOU TO ARBITRATE ANY DISPUTE OR CLAIM BETWEEN YOU AND Car Crack Away ON AN
INDIVIDUAL BASIS.
YOU AGREE THAT ANY DISPUTE OR
CLAIM ARISING FROM OR RELATING TO THIS ARBITRATION PROVISION, Car Crack Away’S PRIVACY POLICY OR
TERMS OF SALE, Car Crack Away’S ADVERTISING OR MARKETING PRACTICES, OR Car Crack Away’S
PRODUCTS OR SERVICES SHALL BE SUBMITTED TO BINDING, FINAL, AND CONFIDENTIAL ARBITRATION BEFORE A
SINGLE ARBITRATOR ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) UNDER ITS CONSUMER
ARBITRATION RULES. THIS ARBITRATION PROVISION SHALL BE GOVERNED BY THE FEDERAL ARBITRATION ACT
(“FAA”), 9 U.S.C. §§ 1-16, AND THE ARBITRATOR SHALL BE BOUND BY THE TERMS OF THIS ARBITRATION
PROVISION. THE ARBITRATOR SHALL HAVE THE EXCLUSIVE AND SOLE AUTHORITY FOR DETERMINING WHETHER A
DISPUTE OR CLAIM IS ARBITRABLE. THE ARBITRATOR SHALL FOLLOW APPLICABLE SUBSTANTIVE LAW OF THE STATE
OF DELAWARE TO THE EXTENT CONSISTENT WITH THE FAA, AND SHALL BE AUTHORIZED TO AWARD ALL REMEDIES
AVAILABLE IN AN INDIVIDUAL LAWSUIT UNDER SUBSTANTIVE LAW, INCLUDING, WITHOUT LIMITATION,
COMPENSATORY, STATUTORY AND PUNITIVE DAMAGES, DECLARATIVE, INJUNCTIVE AND OTHER EQUITABLE RELIEF,
INCLUDING PUBLIC INJUNCTIVE RELIEF, AND ATTORNEYS’ FEES AND COSTS WHERE AVAILABLE UNDER APPLICABLE
SUBSTANTIVE LAW. THE ARBITRATOR MAY ONLY RESOLVE DISPUTES OR CLAIMS BETWEEN YOU AND NEXA COMMERCE
LLC AND MAY NOT CONSOLIDATE CLAIMS OR PROCEEDINGS WITHOUT Car Crack Away’S CONSENT. THE
ARBITRATOR MAY NOT HEAR CLASS OR REPRESENTATIVE CLAIMS OR REQUESTS FOR RELIEF ON BEHALF OF OTHER
INDIVIDUALS. IF A COURT OR ARBITRATOR DECIDES THAT ANY PART OF THIS AGREEMENT TO ARBITRATE CANNOT BE
ENFORCED AS TO A PARTICULAR CLAIM FOR RELIEF OR REMEDY, THEN THAT CLAIM OR REMEDY (AND ONLY THAT
CLAIM OR REMEDY) MUST BE BROUGHT IN COURT AND ANY OTHER CLAIMS MUST BE ARBITRATED.
NOTWITHSTANDING ANYTHING TO THE
CONTRARY HEREIN, YOU AGREE THAT Car Crack Away HAS THE RIGHT TO BRING A CLAIM AGAINST YOU IN THE
STATE OR FEDERAL COURTS OF DELAWARE FOR INJUNCTIVE RELIEF, EQUITABLE RELIEF, OR OTHERWISE ARISING
FROM ANY POTENTIAL OR ACTUAL MISAPPROPRIATION OR INFRINGEMENT OF Car Crack Away’S INTELLECTUAL
PROPERTY RIGHTS AND YOU AGREE THAT VENUE IS PROPER AND THAT YOU ARE SUBJECT TO PERSONAL JURISDICTION
IN SUCH FORUM.
UNLESS YOU TIMELY OPT-OUT, YOU WILL NOT HAVE
THE RIGHT TO: (A) HAVE A COURT OR JURY DECIDE YOUR DISPUTE OR CLAIM; (B) OBTAIN INFORMATION PRIOR TO
THE HEARING TO THE SAME EXTENT THAT YOU WOULD HAVE IN COURT; (C) PARTICIPATE IN A CLASS ACTION IN
COURT OR IN ARBITRATION, EITHER AS A CLASS REPRESENTATIVE, CLASS MEMBER, OR CLASS OPPONENT; (D) ACT
AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION; OR (E) JOIN OR CONSOLIDATE YOUR DISPUTE OR
CLAIM WITH THE DISPUTE OR CLAIM OF ANY OTHER PERSON. OTHER RIGHTS THAT YOU WOULD HAVE HAD IF YOU
WENT TO COURT MAY ALSO NOT BE AVAILABLE IN ARBITRATION.
YOU MAY OPT OUT OF ARBITRATION
WITHIN 30 DAYS OF THE DATE THAT YOU PURCHASED A PRODUCT OR SERVICE THROUGH Car Crack Away’S
WEBSITE BY SENDING A LETTER TO: Car Crack Away US INC., ATTN. LEGAL DEPARTMENT, 300 DELAWARE
AVENUE, SUITE 210, WILMINGTON, DELAWARE 19801, STATING YOUR NAME, THE PRODUCT YOU PURCHASED, AND
YOUR INTENT TO OPT OUT OF ARBITRATION.
18. INDEMNIFICATION
To the fullest extent permitted
by law, you agree to indemnify, defend, and hold harmless Car Crack Away, its parent,
subsidiaries, predecessors, successors and affiliates, and their respective partners, officers,
directors, agents, representatives, contractors, licensors, service providers, subcontractors,
suppliers, interns, and employees, from and against any and all claims, actions, losses,
liabilities, damages, expenses, demands and costs of any kind, including, but not limited to,
reasonable attorneys’ fees, arising out of, resulting from, or in any way connected with or related
to (1) your breach of these Terms, the documents they incorporate by reference, or the Agreement;
(2) your breach of any representations or warranties in this Agreement; or (3) your violation of any
law or the rights of a third-party.
19. THIRD-PARTY WEBSITES AND LINKS
Our Website may include
materials from third-parties or links to third-party websites. We are not liable for any third-party
materials or websites. Please review carefully the third-party’s policies and practices and make
sure you understand them before you engage in any transaction. Complaints, claims, concerns, or
questions regarding third-party products should be directed to the applicable third-party.
20.TESTIMONIALS, REVIEWS, AND OTHER
SUBMISSIONS
Anything that you submit or
post to the Website and/or provide us, including without limitation, photographs, testimonials,
ideas, know-how, techniques, questions, reviews, comments, testimonials, and suggestions
(collectively, “Submissions”) is and will be treated as non-confidential and nonproprietary, and we
shall have the right to use, copy, distribute, display, publish, perform, sell, lease, transmit,
adapt, and create derivative works from such Submissions by any means and in any form, and to
translate, modify, reverse-engineer, disassemble, or decompile such Submissions. You represent and
warrant that you are the owner or have sufficient rights to share the Submissions with us.
Submissions represent the unique experience of the submitting customers, and do not necessarily
reflect the experience that you may have using our products.
Car Crack Away reserves the
right to correct grammatical and typing errors, to shorten testimonials prior to publication or use,
and to review all testimonials prior to publication or use. Car Crack Away shall be under no
obligation to use any, or any part of, any testimonial or product review submitted.
21. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE;
INTELLECTUAL PROPERTY RIGHTS
a. DMCA Notice
This Website maintains specific
contact information provided below, including an email address, for notifications of claimed
infringement regarding materials posted to this Website. All notices should be addressed to the
following contact person:
Notification of Claimed Infringement:
Car Crack Away
Email: frank@carcrackaway.com
You may contact our agent for
notice of claimed infringement specified above with complaints regarding allegedly infringing posted
material and we will investigate those complaints. If the posted material is believed in good faith
by us to violate any applicable law, we will remove or disable access to any such material, and we
will notify the posting party that the material has been blocked or removed.
In notifying us of alleged copyright
infringement, the Digital Millennium Copyright Act requires that you include the following
information: (i) description of the copyrighted work that is the subject of claimed infringement;
(ii) description of the infringing material and information sufficient to permit us to locate the
alleged material; (iii) contact information for you, including your address, telephone number and/or
email address; (iv) a statement by you that you have a good faith belief that the material in the
manner complained of is not authorized by the copyright owner, or its agent, or by the operation of
any law; (v) a statement by you, signed under penalty of perjury, that the information in the
notification is accurate and that you have the authority to enforce the copyrights that are claimed
to be infringed; and (vi) a physical or electronic signature of the copyright owner or a person
authorized to act on the copyright owner’s behalf. Failure to include all of the above-listed
information may result in the delay of the processing of your complaint.
b. Intellectual Property Rights, License
The audio and video materials,
images, photographs, articles, opinions, and other text, graphics, illustrations, logos, depictions,
layouts, compilations, designs, interfaces, digital downloads, software, data compilations and other
content associated with the Website (the “Content”) are owned or licensed by and to Nexa Commerce
LLC or other authorized third parties and are protected by intellectual property, copyright,
trademark, trade dress and other laws in the U.S. and in other countries. You must comply with all
such laws and applicable copyright, trademark or other legal notices or restrictions. You shall not
remove or alter any copyright, trademark, or other legal notices marked on the Content. As between
you and Car Crack Away, we will retain all right, title, and interest in and to the Website and
the Content. No transfer of ownership to any portion of the Content shall be made as a result of any
access you are granted. Except as expressly set forth in these Terms of Sale or expressly granted to
you in writing by Car Crack Away, no rights are granted to you. You agree to abide by any and all
additional copyright notices, information or restrictions contained in any part of the Website. The
compilation of the Content on the Website is the exclusive property of Car Crack Away.
You are only permitted to
access and view the Content for personal, non-commercial purposes in accordance with these Terms of
Sale, and may not build a business or other enterprise utilizing any of the Content, whether for
profit or not. Except as provided in these Terms of Sale or otherwise expressly authorized by us in
writing, you may not (either directly or through the use of any software, device, internet site,
web-based service or other means) download, stream capture, store in a database, archive or
otherwise copy any part of the Website or Content; upload, sell, rent, lease, lend, broadcast,
transmit or otherwise disseminate, distribute, display or perform any part of the Website or
Content; license or sublicense any part of the Website or Content; or in any way exploit any part of
the Website or Content. In addition, except as provided in this Terms of Sale or otherwise expressly
authorized by us in writing, you are strictly prohibited from modifying Content; creating,
distributing or advertising an index of any significant portion of the Content; or otherwise
creating derivative works or materials that otherwise are derived from or based in any way on the
Content, including mash-ups and similar videos, montages, translations, desktop themes, fonts,
icons, wallpaper, greeting cards, and merchandise. This prohibition from creating derivative works
is applicable even if you intend to give away the derivative material free of charge.
c. Copyright
The copyright in all materials
provided on the Website is owned by Car Crack Away or its affiliate(s). Except as stated herein,
none of the material contained in the Website may be copied, reproduced, distributed, republished,
downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited
to, electronic, mechanical, photocopying, recording or otherwise, without the prior written consent
of Car Crack Away. Permission is hereby granted to view, copy, print and download the materials
on the Website for personal, noncommercial use only, provided such materials are used solely for
informational purposes, and all copies, or portions thereof, include this copyright notice. CarCrackAway.com Commerce LLC may revoke any of the foregoing rights at any time. You may not, without Nexa Commerce
LLC’s prior written consent, "mirror" any material contained on the Website on any other server.
Upon termination of any rights extended hereunder, you must immediately destroy any downloaded and
printed materials obtained from any Website. Any unauthorized use of any material contained on the
Website may violate copyright laws, trademark laws, the laws of privacy and publicity, and
communications regulations and statutes.
d. Trademarks
The trademarks, service marks
and logos ("Trademarks") used and displayed on the Website are registered or unregistered Trademarks
of Car Crack Away. Nothing on the Website shall be construed as granting, by implication,
estoppel or otherwise any license or right to use any Trademark displayed on the Website without the
prior written consent of the Trademark owner. The name of Car Crack Away or any Trademark may not
be used in any way including in any advertising or publicity pertaining to distribution of materials
on the Website without the prior written consent of Car Crack Away. Car Crack Away prohibits
the use of any Car Crack Away logo and Trademark as a "hot" link to any web site unless
establishment of such link is approved in advance by Car Crack Away in writing.
22. ELECTRONIC COMMUNICATIONS
You agree that we may communicate
electronically with you and that such communications, as well as notices, disclosures, agreements,
and other communications that we provide to you electronically, are equivalent to communications in
writing and shall have the same force and effect as if they were in writing and signed by the party
sending the communication.
23. ASSIGNMENT
You may not assign any of your
rights under these Terms, and any such attempt will be null and void. Car Crack Away and its
affiliates may, in their individual discretion, transfer, without further consent or notification,
all contractual rights and obligations pursuant to these Terms if some or all of Car Crack Away’s
business is transferred to another entity by way of merger, sale of its assets or otherwise.
24. NO WAIVER
No waiver by Car Crack Away
of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of
such term or condition or a waiver of any other term or condition, and any failure by Nexa Commerce
LLC to assert a right or provision under these Terms shall not constitute a waiver of such right or
provision.
25. SEVERABILITY
In the event that any provision
of these Terms is determined to be unlawful, void or unenforceable, such provision shall nonetheless
be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion
shall be deemed to be severed from these Terms. Such determination shall not affect the validity and
enforceability of any other remaining provisions.
26. TERMINATION
In the event that we terminate this
Agreement, Sections 2-5, 12-28, as well as any representations, warranties, and other obligations
made or taken by you, shall survive the termination of this Agreement.
27. SMS PERMISSIONS
Message frequency varies per user.
Message and data rates may
apply.
Text HELP for help. Text STOP
to unsubscribe.
Carriers are not liable for delayed or
undelivered messages.
28. ENTIRE AGREEMENT
These Terms, the Agreement, and
any policies or operating rules posted by us on the Website or in respect to the Website constitute
the entire agreement and understanding between you and Car Crack Away, and supersedes and
replaces any prior or contemporaneous agreements. Any ambiguities in the interpretation of these
Terms or the Agreement shall not be construed against the drafting party.
29. QUESTIONS OR ADDITIONAL
INFORMATION
If you purchased a product or
service through the Website, please contact Customer Support by phone or email.
United States Offices
Car Crack Away
Email: frank@carcrackaway.com
Do not send product returns to this address.
Contact our support team for our product return address.