This agreement (the "Agreement") is entered into by and
between you ("you") and CarDonors.com, regarding your use
of the CarDonors.com (the "Service"). By using this site,
you are entering into this Agreement with CarDonors.com
and indicating that you agree to be bound by these terms
and conditions. If you do not agree with these terms and
conditions as stated, please do not use the Service.
- This Agreement, in combination with CarDonors.com's
general Terms of Service (available at http://www.CarDonors.com.com/terms.html)
and CarDonors.com's general Privacy Policy (available
at http://www.CarDonors.com.com/privacy.html),
sets forth the terms and conditions under which CarDonors.com
makes the Service available to you. In the event of
an inconsistency between this Agreement and either CarDonors.com's
general Terms of Use or Privacy Policy, this Agreement
shall control.
- You agree that you will use the Service in compliance
with all applicable local, state, national, and international
laws, rules and regulations. CarDonors.com takes no
responsibility for third party content, nor does CarDonors.com
have any obligation to monitor such third party content.
CarDonors.com will not be responsible or liable for
the exercise or non-exercise of its rights under this
Agreement.
- Information provided via the Service is not intended
to substitute for informed professional tax, legal,
investment, accounting, or other advice. You should
remember that the applicability of such information
might vary in different states and according to the
individual factual circumstances surrounding a particular
question or comment.
- The information you submit and the responses you receive
do not form the basis for a professional-client relationship
and are not subject to standards or requirements of
confidentiality and/or privilege associated therewith.
- The information provided by CarDonors.com pursuant
to this Service is derived from public reference sources
(the "Information") and is provided by CarDonors.com
to assist in your research. The Information has not
been verified, however, and CarDonors.com does not represent
that it is accurate, correct, complete, reliable, or
otherwise valid. CarDonors.com does not endorse or recommend,
and expressly disclaims liability for any product, manufacturer,
distributor, service or service provider mentioned in
any page of the CarDonors.com site. THE INFORMATION
AND SERVICE IS PROVIDED "AS IS" WITH NO WARRANTY OF
ANY KIND AND YOU USE THE SERVICE AT YOUR OWN RISK. CARDONORS.COM
EXPRESSLY DISCLAIMS ANY WARRANTY, EXPRESS OR IMPLIED,
REGARDING THE SERVICE, INCLUDING ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE
OR NON-INFRINGEMENT.
- UNDER NO CIRCUMSTANCES WILL CARDONORS.COM BE LIABLE
TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN CONNECTION
WITH USE OF THE SERVICE WHETHER OR NOT CARDONORS.COM
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT THAT ANY REFERENCE TO ANY PRODUCT, MANUFACTURER,
DISTRIBUTOR, COMPANY, SERVICE OR SERVICE PROVIDER, CARDONORS.COM
EXPRESSLY DISCLAIMS ANY ASSOCIATION WITH, ENDORSEMENT
OF OR LIABILITY FOR ANY SUCH MANUFACTURER, DISTRIBUTOR,
COMPANY, SERVICE OR SERVICE PROVIDER.
- You agree to hold harmless and indemnify CarDonors.com,
and its Researchers, employees, agents and representatives,
from and against any third party claim arising from
or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses,
damages (actual and consequential), suits, judgments,
litigation costs and attorneys' fees, of every kind
and nature.
- To the maximum extent permitted by applicable law,
you hereby release, and waive all claims against CarDonors.com
and its employees and agents from any and all liability
for claims, damages (actual and consequential), costs
and expenses (including litigation costs and attorneys'
fees) of every kind and nature, arising out of or in
any way connected with use of the Service. If you are
a California resident, you waive your rights, whether
known or unknown, under California Civil Code § 1542,
which states, "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 if known by him must have materially affected
his settlement with the debtor." Residents of other
states and nations similarly waive their rights under
applicable and/or analogous laws, statutes, or regulations.
- You shall not assign this Agreement or assign any
rights or delegate any obligations hereunder, in whole
or in part, whether voluntarily or by operation of law,
without CarDonors.com's prior written consent. Any such
purported assignment or delegation by you without CarDonors.com's
prior written consent will be null and void and of no
force or effect, unless otherwise expressly consented
to by CarDonors.com at its sole and absolute discretion.
- If any provision of this Agreement is held to be invalid
or unenforceable, such provision shall be deemed superseded
by a valid enforceable provision that most closely matches
the intent of the original provision and the remaining
provisions shall be enforced. CarDonors.com's failure
to act with respect to a breach by you or others does
not waive CarDonors.com's right to act with respect
to subsequent or similar breaches. The failure of CarDonors.com
to exercise or enforce any right or provision of these
terms and conditions shall not constitute a waiver of
such right or provision. The section headings and subheadings
contained in this Agreement are included for convenience
only, and shall not limit or otherwise affect the terms
of this Agreement. This Agreement shall be interpreted
in accordance with the laws of the State of California
as if made in California by two residents of that state.
This Agreement constitutes the entire agreement between
CarDonors.com and you with respect to the subject matter
hereof.
