Terms of Service
Copyright © 2011 eGarage LLC. All rights reserved.
Last Updated on July 27, 2011
The conditions within these Terms of Service (the “Agreement“) shall hereby inform you of your legal rights and responsibilities with respect to, and shall govern your access to and use of, any eGarage.com websites and mobile applications (collectively, the “Service“). Your access and use of the Service shall indicate your agreement to be legally bound with eGarage LLC (“eGarage”) by the terms and conditions contained henceforth in this Agreement.
PLEASE REFRAIN FROM ACCESSING OR USING THE SERVICE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE AGREEMENT.
1. DEFINITIONS
A. Parties
“You” and “your” refer to you, a user of the Service. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Service. “We“, “us“, and “our” refer to eGarage.
B. Content
“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, thru, or in connection with the Service, (e.g. comments, ratings, reviews, compliments, messages, or other information that you publish intentionally or not). “User Content” means Content that any user submits or transmits to, thru, or in connection with the Service. “eGarage Content” means Content that we create and make available in connection with the Service. “Third Party Content” means Content that originates from parties other than eGarage or its users, which is made available in connection with the Service. “Site Content” means all of the collective Content that is made available in connection with the Service, including Your Content, User Content, Third Party Content, and eGarage Content.
C. Use
“Use” means to use, copy, publicly perform or display, distribute, modify, translate, or create derivative works of.
2. CHANGES TO THE TERMS OF SERVICE
This Agreement may be modified from time to time, and will indicate the date of most recent modification; any such modification is effective and binding upon publication. Please revisit this Agreement on a regular basis as subsequently revised versions will legally bind you. YOU UNDERSTAND AND AGREE THAT CONTINUING TO ACCESS AND USE OF THE SERVICE, SUBEQUENT TO ANY NEW OR MODIFIED PROVISIONS TO THE AGREEMENT, INDICATES THAT YOU ACCEPT ANY SUCH PROVISION.
3. TRANSLATION
This Agreement may be translated into other languages. Nevertheless, any inconsistencies between or among versions shall be resolved by the English translation.
4. USING THE SERVICE
You agree to use the Service only in compliance with this Agreement, applicable law, and in a manner which does not violate the legal rights of either us or any third party.
A. Eligibility
To access or use the Service, you must be at least 18 years of age, and have the requisite power and authority to enter into this Agreement. You may not access or use the Service for any competitive purpose; or if you have previously been banned from, or otherwise had restrictions upon your access of the Service.
B. Permission to Use the Service
We grant you permission to use the Service, subject to the terms, conditions, and covenants in this Agreement. You agree to assume all risks that may arise from using the Service, which may include exposure to offensive Content that may be indecent, inaccurate, objectionable, or otherwise inappropriate.
C. Site Availability
The Service may be modified, updated, interrupted, suspended, or discontinued at any time without prior notice. Any such event shall not amount to any liability to eGarage.
D. User Accounts
You must create an account and provide certain information about yourself in order to enable some Service features. You are solely responsible for maintaining the confidentiality of your account password; for all activities that occur in connection with your account; and you agree to immediately notify us of any unauthorized account. We may, at any time in our sole discretion, (i) suspend, close, or terminate your account, access to and use of the Service, or of any features with or without cause; (ii) move, edit, delete, or destroy any materials that you provide or deliver to the Service; (iii) access, preserve, or disclose any materials that you provide or deliver to the Service; or (iv) take any other remedial action available at law in response to a breach of this Agreement.
E. Communications from eGarage
By creating an account, you agree to receive certain communications in connection with the Service. You may elect to opt-out of non-essential communications upon direct request.
5. CONTENT GUIDLINES
A. Responsibility for Your Content
You alone are responsible for Your Content; you are aware that, once published, it cannot always be withdrawn. You assume all risks associated with Your Content, including anyone’s reliance upon its quality, accuracy, reliability, or for any information you disclose that makes you personally identifiable. You represent that you own, or have the necessary permissions to use and authorize the use of Your Content as described herein. You may not imply that Your Content is in any way sponsored or endorsed by eGarage.
You may become liable if Your Content contains material that is, among other things, false, intentionally misleading, or defamatory information; violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; contains material that is unlawful, including illegal hate speech or pornography; exploits or otherwise harms minors; or violates or advocates the violation of any law or regulation.
B. Our Right to Use Your Content
In consideration for the publication of Your Content, you hereby grant eGarage the irrevocable, world-wide, non-exclusive, royalty-free, sub-licensable, transferable, and assignable right to use any of Your Content for any purpose. We may use Your Content for, among other things, public displays, incorporations into other works, derivative works, promotions, and may be subject to other’s use within their own websites and media platforms (“Other Media“). You also hereby grant Users of the Service and any Other Media the irrevocable right to access Your Content in connection with their use of the Service and any Other Media. Finally, you irrevocably waive and cause to be waived, any claims and assertions of moral rights or attribution with respect to Your Content against eGarage and its users.
C. Ownership
As between you and eGarage, you own Your Content. We own the eGarage Content and the representation of the Site Content including but not limited to visual interfaces, interactive features, graphics, design, compilation, computer code, products, software, aggregate user review ratings, and all other elements and components of the Service excluding Your Content, User Content and Third Party Content.
i. Copyrights We own all works of authorship associated with the eGarage Content and the Service or contained within the Service, including without limitation source code and content which are protected by copyright and all other applicable intellectual and property rights law. Except as expressly and unambiguously provided herein, we do not grant you any express or implied rights; all rights in and to the Service and the eGarage Content are retained by us. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit any of the eGarage Content in whole or in part except as expressly authorized by eGarage. To request such permission, please contact us.
All authorized uses of eGarage materials must display the proper copyright notice in the following format: “Copyright © 2011 EGarage LLC. All rights reserved.” For additional information regarding copyright enforcement, please review the U.S. Digital Millennium Copyright Act (DCMA) codified at 17 U.S.C § 512.
ii. Trademarks We also own all names, logos, trademarks, service marks, trade names, and other intellectual proprietary displayed in the Service which are protected by trade dress, trademark, trade secret laws, and all other applicable law. Nothing in this Agreement grants you any rights or license to the Trademarks. Unauthorized use is prohibited.
D. Advertising
eGarage and its licensees may publicly display advertisements and other information adjacent to or included with Your Content. You are not entitled to any compensation for such advertisements. The manner, mode, and extent of such advertising are subject to change without specific notice to you.
E. Content Feeds
We may make some of the Site Content (the “Feed Content“) available via Real Simple Syndication and/or other feeds (the “Feeds“). You may access and use the Feeds in order to display Feed Content on your personal computer, website, or blog (“Your Site“), provided that (i) your use of the Feeds is for personal, non-commercial purposes only, (ii) your display of the Feed Content links back to the relevant pages on the Service, and attributes eGarage as the source of the Feed Content, (iii) your use or display of the Feed Content does not suggest that eGarage promotes or endorses any third party causes, ideas, websites, products or services, including Your Site, (iv) you do not redistribute the Feed Content, and (v) your use of the Feeds does not overburden eGarage systems. eGarage reserves all rights in the Feed Content and may terminate the Feeds at any time. Please contact us to inquire about other possible uses of the Feeds.
F. Other
We reserve the right to remove, screen, edit, or reinstate User Content from time to time at our sole discretion and without notice to you. For example, we may remove a comment if we believe it violates our Content Guidelines. We have no obligation to retain or provide you with copies of Your Content, nor do we guarantee any confidentiality with respect to Your Content.
6. RESTRICTIONS
We are under no obligation to enforce the Terms of Service on your behalf against another user. While we encourage you to let us know if you believe another user has violated the Terms of Service, we reserve the right to investigate and take appropriate action at our sole discretion.
A. You agree not to, and will not assist or enable others users of the Service to:
i. Violate our Content Guidelines, for example, by writing a fake or defamatory review, trading reviews with other businesses, or writing a review that you were paid for either directly or indirectly by the business being reviewed;
ii. Violate any third party’s rights, including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right;
iii. Threaten, stalk, harm, or harass others, or promote bigotry or discrimination;
iv. Promote a business or other commercial venture or event, or otherwise use the Service for commercial purposes, except in connection with a Business Account and as expressly permitted by eGarage;
v. Send bulk emails, surveys, or other mass messaging, whether commercial in nature or not; engage in keyword spamming, or otherwise attempt to manipulate the Service’s search results or any third party website;
vi. Solicit personal information from minors, or submit or transmit pornography; or
vii. Violate any applicable law.
B. You also agree not to, and will not assist or enable others to:
i. Violate the Terms of Service;
ii. Modify, adapt, appropriate, reproduce, distribute, translate, create derivative works or adaptations of, publicly display, sell, trade, or in any way exploit the Service or Site Content (other than Your Content), except as expressly authorized by eGarage;
iii. Use any robot, spider, site search/retrieval application, or other automated device, process or means to access, retrieve, scrape, or index any portion of the Service or any Site Content;
iv. Reverse engineer any portion of the Service;
v. Remove or modify any copyright, trademark or other proprietary rights notice that appears on any portion of the Service or on any materials printed or copied from the Service;
vi. Record, process, or mine information about other users;
vii. Reformat or frame any portion of the Service;
viii. Take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on eGarage’s technology infrastructure or otherwise make excessive traffic demands of eGarage resources;
ix. Attempt to gain unauthorized access to the Service, user accounts, computer systems or networks connected to the Service through hacking, password mining or any other means;
x. Use the Service or any Site Content to transmit any computer viruses, worms, defects, Trojan horses or other items of a destructive nature (collectively, “Viruses”);
xi. Use any device, software or routine that interferes with the proper working of the Service, or otherwise attempt to interfere with the proper working of the Service;
xii. Use the Service to violate the security of any computer network, crack passwords or security encryption codes; disrupt or interfere with the security of, or otherwise cause harm to, the Service or Site Content; or
xiii. Remove, circumvent, disable, damage or otherwise interfere with any security-related features of the Service, features that prevent or restrict the use or copying of Site Content, or features that enforce limitations on the use of the Service.
The restrictions above only apply to the extent permissible under applicable law.
7. GUIDELINES AND POLICIES
A. Content Guidelines
You represent that you have read and understood our Content Guidelines.
B. Privacy
You represent that you have read and understood our Privacy Policy. We may disclose information about you to third parties if we have a good faith belief that such a disclosure is reasonably necessary to (i) take action regarding suspected illegal activities; (ii) enforce or apply our Terms of Service and Privacy Policy; (iii) comply with legal process or other government inquiry, such as a search warrant, subpoena, statute, judicial proceeding, or other legal process served on us; or (iv) protect our rights, reputation, and property, or that of our users, affiliates, or the public. If you use the Service outside of the United States, you consent to having your personal data transferred to and processed in the United States.
8. SUGGESTIONS AND IMPROVEMENTS
By sending us any ideas, suggestions, documents or proposals (“Feedback“), you agree that (i) your Feedback does not contain the confidential or proprietary information of third parties, (ii) we are under no obligation of confidentiality, express or implied, with respect to the Feedback, (iii) we may have something similar to the Feedback already under consideration or in development, and (iv) you grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, publish, distribute and sublicense the Feedback.
9. THIRD PARTIES
The Service may include links to other websites or applications (each, a “Third Party Site“). We do not control or endorse any Third Party Site. You agree that we are not responsible for the availability or contents of such Third Party Sites. Your use of Third Party Sites is at your own risk. Some of the services made available through the Service are provided in connection with third parties and may be subject to additional terms.
10. INDEMNITY
You agree to indemnify and hold eGarage, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them harmless, including costs, liabilities and legal fees, from any claim or demand made by any third party due to or arising out of (i) your access to or use of the Service, (ii) your violation of the Terms of Service, or (iii) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. eGarage reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. eGarage will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it; you agree not to settle any matter without the prior written consent of eGarage.
11. WARRANTY DISCLAIMERS AND LIMITATIONS OF LIABILITY
PLEASE READ THIS SECTION CAREFULLY SINCE IT LIMITS THE LIABILITY OF EGARAGE AND ITS SUBSIDIARIES, AFFILIATES, AND LICENSORS (COLLECTIVELY, THE “EGARAGE ENTITIES”). EACH OF THE SUBSECTIONS BELOW ONLY APPLIES UP TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW. NOTHING HEREIN IS INTENDED TO LIMIT ANY RIGHTS YOU MAY HAVE WHICH MAY NOT BE LAWFULLY LIMITED.
A. THE SERVICE AVAILABLE IS MADE AVAILABLE TO YOU ON AN “AS IS” BASIS. YOUR USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK.
B. THE EGARAGE ENTITIES MAKE NO CLAIMS OR PROMISES ABOUT THE CONDUCT OF THIRD PARTIES. ACCORDINGLY, THE EGARAGE ENTITIES ARE NOT LIABLE TO YOU FOR ANY LOSS OR DAMAGE THAT MIGHT ARISE FROM THEIR ACTIONS.
C. THE SERVICE ENTITIES EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
D. YOUR SOLE AND EXCLUSIVE RIGHT AND REMEDY IN CASE OF DISSATISFACTION WITH THE SERVICE OR ANY OTHER GRIEVANCE SHALL BE YOUR TERMINATION AND DISCONTINUATION OF ACCESS TO, OR USE OF THE SERVICE.
E. THE EGARAGE ENTITIES’ MAXIMUM AGGREGATE LIABILITY TO YOU FOR LOSSES OR DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICE OR THESE TERMS OF SERVICE IS LIMITED TO THE GREATER OF (i) THE AMOUNT PAID, IF ANY, BY YOU TO THE EGARAGE ENTITIES IN CONNECTION WITH THE SERVICE DURING THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, OR (ii) $100.
F. THE EGARAGE ENTITIES DISCLAIM ALL LIABILITY FOR ANY (i) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, RELIANCE, OR CONSEQUENTIAL DAMAGES, (ii) LOSS OF PROFITS, (iii) BUSINESS INTERRUPTION, (iv) LOSS OF OR DAMAGE TO REPUTATION OF EGARAGE OR ANY THIRD PARTY, OR (v) LOSS OF INFORMATION OR DATA.
12. DISPUTE RESOLUTION CHOICE OF LAW AND VENUE
Any controversy or claim relating to this Agreement or the Service shall be (i) submitted to the judicial courts located in San Francisco County in the state of California; and (ii) governed exclusively by the laws of the state of California and the United States. You must commence any legal action against us within one (1) year after the alleged harm initially occurs. Failure to commence the action within that period shall forever bar any claims or causes of action regarding the same facts or occurrence. YOU HEREBY WAIVE YOUR RIGHTS TO A JURY TRIAL AND PARTICIPATION IN ANY CLASS ACTION AGAINST US.
13. TERMINATION
A. You may terminate the Terms of Service at any time by closing your account, discontinuing your use of the Service. If you close your account, we may continue to display Your Content where it implicates other users (e.g., compliments that you have sent to other users and comments that you have posted to eGarage).
B. We may close your account, suspend your ability to use certain portions of the Service, and/or entirely ban you from using the Service with or without cause, and without notice or liability of any kind. Any such action could prevent you from accessing your account, the Service, Your Content, Site Content, or any other related information.
C. In the event of any termination, whether by you or us, Sections 1, 5, 6, 10 – 14 of this Agreement continue in full force and effect.
14. GENERAL TERMS
A. Service
We reserve the right to modify, update, or discontinue the Service at our sole discretion, at any time, for any or no reason, and without notice or liability.
B. Third Parties
Except as otherwise stated in Section 9 above, nothing herein is intended, nor will be deemed, to confer rights or remedies upon any third party.
C. Entire Agreement
The Terms of Service contains the entire agreement between the Parties regarding the use of the Service, and supersedes any prior agreement between the Parties pertaining similar subject matter. The Parties acknowledge that no reliance is placed on any representation made but not expressly contained in these Terms of Service.
D. Waiver
Any failure on eGarage’s part to exercise or enforce any right or provision of the Terms of Service does not constitute a waiver of such right or provision. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.
E. Severability
If any provision of the Terms of Service is found to be unlawful, unenforceable, or invalid by a judicial court for any reason, that provision shall be deemed severed from this Agreement, and the remainder of the Agreement shall continue in full force and effect.
F. Assignment
The Terms of Service are not assignable, transferable or sub-licensable by you except with eGarage’s prior written consent. eGarage may, at any time in our sole discretion assign or transfer this Agreement to another person without restriction; any such assignment shall release us from any further liability under the Agreement. Any assignment attempted to be made in violation of the Terms of Service shall be void.
G. Headings
The section titles in the Terms of Service are for convenience only and have no legal or contractual effect.