Throughout these website terms of use (the Terms of Use), the CarEvo, or any of its programs, may be referred to as us, we, CarEvo. You may be also referred as you, the customer, the client, the member or the subscriber. All terms will reflect the same company, program or person.

 

In this website, CarEvo has not made any guarantees or representations to you regarding the success or financial benefits in any way. You agree and fully understand that CarEvo is not offering legal advice, debt counselling, financial services or any information in relation to your matters specific financial or credit matters.  CarEvo will not be responsible for any of your actions or alternatively lack of your actions in relation to our website, services, software or information (also known as the Services, Site and Software).

 

The customer or subscriber authorizes CarEvo to communicate by email. The customer or subscriber releases CarEvo from any liability in relation to its submission of information in the event there has been a security issue. By communicating through the website or submitting an application you are consenting to our use of your email as a method of communication. You authorize CarEvo to post information into your private server account. CarEvo will provide you with a private password and login code that is confidential and for your exclusive use only. You waive any liability for CarEvo if you share your login code or password, and you assume responsibility for any breach of your own privacy and confidentiality. CarEvo logs access information such as time of usage and IP addresses from all parties that enter the domain of its proprietary software. You, the customer, subscriber or member, agree that you will be the only person that will be able to access the login system and Site, and that you will use the Services, Site and Software only for personal usage.

 

You confirm that you have decided to enter the CarEvo Site and use our Services and Software at your own risk, and further acknowledge and agree that we, our agents and representatives, have not at any time in the past represented or communicated to you directly or indirectly any guarantees. The Site, Service and Software clearly and specifically cannot guarantee change, expected results or modification to your credit report or score. It is your credit and we simply cannot guarantee how a third party agency conducts their business or governs their accounts.

 

CarEvo reserves the right to cancel or refuse service to anyone that is threatening, harassing, abusive, rude, and unprofessional to any of our staff, representatives or agents. In the event of cancellations or terminations by either CarEvo, the customer, subscriber or member, there will not be any refunds of subscriptions or fees already paid. You – the subscriber, customer and member – understand and agree that CarEvo does not guarantee change or results from a third-party creditor, debtor, collector or reporting agency, and you release CarEvo from any liability for your credit rating and report or any other matter.

 

CarEvo has a Privacy Statement, which is referentially incorporated into the Website Terms of Use.

 

In the event that the customer, subscriber or member has provided CarEvo with false or misleading information, we reserve the right to cancel membership without refund.

 

You agree that the entire value and price of the CarEvo membership fee, costs, charges payments are solely for the access, consultation, analysis review, software use, educational materials, follow up and correspondences. No part of the costs or membership fees is in relation to credit repair.

Cancellation of membership is allowed and you understand that there is no surrender value or fees to be reimbursed. When or if cancellation is requested, prior subscription or membership fees will NOT be refunded for any reason. Customers, members and subscribers are liable for charges incurred until termination of the Services. Any fees paid prior to cancellation are non-refundable.

 

CarEvo reserves the right to decline or cancel one or more of our programs if a subscriber has attempted to misuse, mislead or falsify a claim. No refunds will be given under any circumstances for any portion of the membership or subscription. CarEvo reserves the right to decline or cancel one or more of our programs if a subscriber has attempted to misuse, mislead or falsify a claim. No refunds will be given under any circumstances for any portion of the membership or subscription. CarEvo will cancel any subscription as long as a request is made in writing.

 

After cancellation of Services, you will no longer have access to your account and any or all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account. This information may be deleted and CarEvo accept no liability for such deleted information or content. Any information collected by CarEvo is deemed to be its property.

 

In case any one or more of the provisions contained in the Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or lack of enforceability shall not affect any other provision hereof, and the Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been included.

 

Failure of CarEvo at any time to enforce any of the provisions of the Terms of Use shall not preclude any other or further enforcement of such provision. We reserve the right at any time to modify or discontinue, temporarily or permanently, the websites or our Services with or without notice. You agree that we shall not be liable to you or to any third party as a result of the discontinuing of Services.
TERMS OF USE

 

By accessing any of the services or products offered by us, you agree to be bound by the terms of these Terms of Use.

 

The information from or through the CarEvo website is provided “as is”, “as available,” and all warranties, expressed or implied, are disclaimed including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information may contain errors, problems, or other limitations. CarEvo sole and entire maximum liability for any inaccurate information for any reason; and your sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by you for the information received.

 

CarEvo is not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). Whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

 

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed. The documents, Services and software provided by us may be used solely for personal, non-commercial, and informational purposes in accordance with our terms and conditions.

 

With the Terms of Use, “Software” shall mean any software provided by our company at any given time, whether downloaded to your computer, or utilized online as part of the Services we offer. The Software includes the program and any and all copies or portions thereof whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any. With the Terms of Use, “Content” shall mean the downloadable files which are interpreted by a client’s web browser for display with or without plug-ins.

 

The terms and conditions here are attributable to all of the programs, products, Services, Sites and Software offered by CarEvo. Some things may seem as though they are not applicable but we still reserve all of the protection offered by those terms whether or not you feel as though they apply. For the portions that may not seem applicable to you, please proceed to use our products, Software and Services with the understanding that you are agreeing to all terms and conditions. You expressly agree and warrant that you are in full agreement and your use of this website, Software and Service constitutes your signature and full acceptance of all such terms.

 

You recognize that the Services, Software and any communications from CarEvo to you, including all related information, are considered confidential and proprietary information and that any disclosure of such information is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such information will be paid by the offending party. This shall include full indemnification for any and all expenses incurred by our company.

 

All updates, improvements, modifications, enhancements, and information related to our software is proprietary, and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the web site and the software code itself, including updates, improvements, modifications, enhancements, and information related to installation constitutes a trade secret of ours and is protected by civil and criminal law, and by law of copyright, and is valuable and confidential to us, and that its use and disclosure must be carefully and continuously controlled by you.

 

We shall at all times retain title to all Software, Site and Services and all related information, including all updates, improvements, modifications and enhancements, furnished to you. The Services and Software supplied are for your personal use. You agree to notify us forthwith if you obtain information as to any unauthorized possession, use or disclosure of any of our Software or Services by any person or entity, and further agree to cooperate with us in protecting our proprietary rights. Unless agreed to by us in writing, our Software may be used only by you.

 

Services and Software from CarEvo are provided for online use and the use of such software may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the software. We reserve the right to modify or discontinue our Services, Site and Services at any time without notice.

 

Each paid member or subscriber is responsible for membership and subscription fees and any charges incurred while accessing our Services, Site and Software. You acknowledge and agree that we shall not be liable for any decision made or action was taken by you or others based upon reliance on information or materials obtained through use of our Services, Site or Software.

 

In no case shall our directors, officers, employees, affiliates, agents, or contractors be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from your use of our Services or Software. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law. We do not endorse, warrant, or guarantee any third party product or service offered or otherwise accessed while using our services or programs. You hereby release us from any and all obligations, liability and claims in excess of these liability, limitations. Our service is provided on an “as is” and “as available” basis without warranty of any kind, express or implied. You expressly agree that the use of the Services, Site and Software is at your sole risk.

 

You agree and warrant that the contact information you provide us is complete and accurate, and further agree to notify us within ten days of a change to any such contact information. Contact information includes your name, mailing address, telephone number, and e-mail.

 

You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data transmitted to or from our servers.

 

You agree and warrant that no data will be transmitted while using our Services, Sites or Software will contain any material which is harmful, violent, threatening, abusive or hateful. You further agree not to transmit data which is libellous, slanderous, defamatory, or in violation or infringement of any common law or another right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of “spamming”. You agree and warrant that we reserve the right to block mail from any source which we believe, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services, Site and Software.

 

You agree that at all times when you use the Service, Site and Software that you will act in a manner consistent with this Terms of Use and shall not in any way impair the functioning or operation of our website or network. Should your use of our Services, Site or Software result in an overly high load on our servers, we shall, in our sole discretion, suspend your account until the cause of any such overload is determined and resolved to our satisfaction. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of our Services, Site and Software, and that no taxing authorities shall have any claim against us or any affiliated persons for the payment of taxes.

 

You represent and warrant that you are over eighteen years of age (or the age of majority in places where eighteen years is not the age of majority) and are fully competent to agree to the Terms of Use. You agree to comply with all Canadian federal, provincial and municipal laws while using our Services, Site and Software. You also agree to abide by all federal, provincial, territorial and local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in Canada.

 

While using our Services, Site and Software and during the course of this Terms of Use you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to us (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the use of our Services, Site and Software; shall not, without the prior written consent from us, disclose or make available to any person, or use for your own or any other person’s benefit, any Confidential Information; and further agree that we retain all rights and title to such Confidential Information.

 

You confirm that you have decided to enter our web site and use our Services, Site and Software at your own risk: and further acknowledge and agree that we, our agents and representatives have not at any time in the past represented to you directly or indirectly communicated in any manner to you any guarantees. Our service and knowledge is clearly and specifically not a guarantee of change, expected results or modification to your credit reports or score.

 

You agree that we have no control over our public free or paid web pages and that any use by a third party is not our responsibility in regards to what they transmit to you or any other person connected to you in any form and we cannot be held responsible for such use or actions by any third parties. You agree that you use our Services, Site and Software at your own risk, and that any causes of action that arise from their use are not our responsibility and any expenses incurred by our company defending any such claims shall be reimbursed by you, to us. This includes any expense related to us defending claims associated with you or as a direct result of you.

 

You further agree to defend, indemnify and hold harmless our company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable legal fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by an act or omission of you or your agents in connection with the Terms of Use.

 

After cancellation of our Services, Site and Software for any reason, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account or your file. This information may be deleted and we accept no liability for such deleted information or content. Additionally, we will not be held to any obligations in regards to the reproduction of the information for the customer or third parties. In no cases will we be obligated to provide support or information in regards to any matters involving your specific or other related situations with you or the third parties that may or may not be related.

 

In the event that any one or more of the provisions or terms contained within this Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect any other provision or terms hereof, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been included.

 

Failure of us at any time to enforce any of the provisions of the Terms of Use shall not preclude any other or further enforcement of such provision. We reserve the right at any time to modify or discontinue, temporarily or permanently, our services with or without notice. You agree that we shall not be liable to you or to any third party as a result of the discontinuing of Services, Site and Software.

 

You agree to negotiate in good with us in good faith and resolve any dispute or claim you feel you may have with us. You agree to hold any arbitration, dispute resolution, mediation, litigation or any other proceeding in Calgary, Alberta, Canada. The Courts of the City of Calgary in the Province of Alberta have exclusive jurisdiction and no other courts, and where the governing law for the Terms of Use is the law of the Province of Alberta. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to the Terms of Use, nor may two or more individuals’ disputes be consolidated or otherwise determined in one civil action, arbitration, dispute resolution, mediation or any other proceeding. You also agree to waive any rights to participate or initiate an action as a plaintiff or as a member of a class action.

 

This Site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.

 

While we have linked our site to other Web sites. You should understand that this does not mean that we have looked at all those sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.

 

By using the Site you consent to our collection and use of your personal information as described in our Privacy Statement, which is referentially incorporated here. If we change our privacy policies and procedures, we will post those changes to the Site so you are aware of what information we collect, how we use it and under what circumstances we may disclose it.

 

You agree to the terms and conditions outlined in this Terms of Use with respect to the Site. This Terms of Use may be amended at any time by us from time to time without specific notice to you. The latest version will be posted on the Site, and you should review this prior to using the Site.

 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

 

Our Site, Software and Services include our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with the Terms of Use and Privacy Statement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Your license for access and use of the Site and any information, materials or documents (collectively referred to as “Content and Materials”) is subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, de-compile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any municipal,  provincial, federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of any export control laws or regulations

 

We may make available through the Site or through other web sites sample and actual forms, checklists, and documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

 

Information contained on or made available through the Site, Software and Services is not intended to and does not constitute financial or legal advice or recommendations and no relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Services, Software or Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

We reserve the right to investigate complaints or reported violations and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, lawyers, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use, or your use of the Site, as well for use of Services and Software.

 

English Language

All persons agree that the Website Terms of Use is only written in the English language.
Toutes les personnes conviennent que les Conditions d’utilisation du site sont seulement écrit dans la langue anglaise.

 

Throughout these website terms of use (the Terms of Use), the CarEvo, or any of its programs, may be referred to as us, we, CarEvo. You may be also referred as you, the customer, the client, the member or the subscriber. All terms will reflect the same company, program or person.

 

In this website, CarEvo has not made any guarantees or representations to you regarding the success or financial benefits in any way. You agree and fully understand that CarEvo is not offering legal advice, debt counselling, financial services or any information in relation to your matters specific financial or credit matters.  CarEvo will not be responsible for any of your actions or alternatively lack of your actions in relation to our website, services, software or information (also known as the Services, Site and Software).

 

The customer or subscriber authorizes CarEvo to communicate by email. The customer or subscriber releases CarEvo from any liability in relation to its submission of information in the event there has been a security issue. By communicating through the website or submitting an application you are consenting to our use of your email as a method of communication. You authorize CarEvo to post information into your private server account. CarEvo will provide you with a private password and login code that is confidential and for your exclusive use only. You waive any liability for CarEvo if you share your login code or password, and you assume responsibility for any breach of your own privacy and confidentiality. CarEvo logs access information such as time of usage and IP addresses from all parties that enter the domain of its proprietary software. You, the customer, subscriber or member, agree that you will be the only person that will be able to access the login system and Site, and that you will use the Services, Site and Software only for personal usage.

 

You confirm that you have decided to enter the CarEvo Site and use our Services and Software at your own risk, and further acknowledge and agree that we, our agents and representatives, have not at any time in the past represented or communicated to you directly or indirectly any guarantees. The Site, Service and Software clearly and specifically cannot guarantee change, expected results or modification to your credit report or score. It is your credit and we simply cannot guarantee how a third party agency conducts their business or governs their accounts.

 

CarEvo reserves the right to cancel or refuse service to anyone that is threatening, harassing, abusive, rude, and unprofessional to any of our staff, representatives or agents. In the event of cancellations or terminations by either CarEvo, the customer, subscriber or member, there will not be any refunds of subscriptions or fees already paid. You – the subscriber, customer and member – understand and agree that CarEvo does not guarantee change or results from a third-party creditor, debtor, collector or reporting agency, and you release CarEvo from any liability for your credit rating and report or any other matter.

 

CarEvo has a Privacy Statement, which is referentially incorporated into the Website Terms of Use.

 

In the event that the customer, subscriber or member has provided CarEvo with false or misleading information, we reserve the right to cancel membership without refund.

 

You agree that the entire value and price of the CarEvo membership fee, costs, charges payments are solely for the access, consultation, analysis review, software use, educational materials, follow up and correspondences. No part of the costs or membership fees is in relation to credit repair.

 

Cancellation of membership is allowed and you understand that there is no surrender value or fees to be reimbursed. When or if cancellation is requested, prior subscription or membership fees will NOT be refunded for any reason. Customers, members and subscribers are liable for charges incurred until termination of the Services. Any fees paid prior to cancellation are non-refundable.

 

CarEvo reserves the right to decline or cancel one or more of our programs if a subscriber has attempted to misuse, mislead or falsify a claim. No refunds will be given under any circumstances for any portion of the membership or subscription. CarEvo reserves the right to decline or cancel one or more of our programs if a subscriber has attempted to misuse, mislead or falsify a claim. No refunds will be given under any circumstances for any portion of the membership or subscription. CarEvo will cancel any subscription as long as a request is made in writing.

 

After cancellation of Services, you will no longer have access to your account and any or all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account. This information may be deleted and CarEvo accept no liability for such deleted information or content. Any information collected by CarEvo is deemed to be its property.

 

In case any one or more of the provisions contained in the Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or lack of enforceability shall not affect any other provision hereof, and the Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been included.

 

Failure of CarEvo at any time to enforce any of the provisions of the Terms of Use shall not preclude any other or further enforcement of such provision. We reserve the right at any time to modify or discontinue, temporarily or permanently, the websites or our Services with or without notice. You agree that we shall not be liable to you or to any third party as a result of the discontinuing of Services.

 

TERMS OF USE

By accessing any of the services or products offered by us, you agree to be bound by the terms of these Terms of Use.

 

The information from or through the CarEvo website is provided “as is”, “as available,” and all warranties, expressed or implied, are disclaimed including but not limited to the disclaimer of any implied warranties of merchantability and fitness for a particular purpose. The information may contain errors, problems, or other limitations. CarEvo sole and entire maximum liability for any inaccurate information for any reason; and your sole and exclusive remedy for any cause whatsoever, shall be limited to the amount paid by you for the information received.

 

CarEvo is not liable for any indirect, special, incidental, or consequential damages (including damages for loss of business, loss of profits, litigation, or the like). Whether based on breach of contract, breach of warranty, tort (including negligence), product liability or otherwise, even if advised of the possibility of such damage. The limitations of damages set forth above are fundamental elements of the basis of the bargain between us and you.

 

All responsibility and liability for any damages caused by viruses contained within the electronic files of this site are disclaimed. The documents, Services and software provided by us may be used solely for personal, non-commercial, and informational purposes in accordance with our terms and conditions.

 

With the Terms of Use, “Software” shall mean any software provided by our company at any given time, whether downloaded to your computer, or utilized online as part of the Services we offer. The Software includes the program and any and all copies or portions thereof whether standing alone or in combination with other programs, as well as the documentation and other materials delivered in connection with the software, if any. With the Terms of Use, “Content” shall mean the downloadable files which are interpreted by a client’s web browser for display with or without plug-ins.

 

The terms and conditions here are attributable to all of the programs, products, Services, Sites and Software offered by CarEvo. Some things may seem as though they are not applicable but we still reserve all of the protection offered by those terms whether or not you feel as though they apply. For the portions that may not seem applicable to you, please proceed to use our products, Software and Services with the understanding that you are agreeing to all terms and conditions. You expressly agree and warrant that you are in full agreement and your use of this website, Software and Service constitutes your signature and full acceptance of all such terms.

 

You recognize that the Services, Software and any communications from CarEvo to you, including all related information, are considered confidential and proprietary information and that any disclosure of such information is strictly prohibited. Any expense incurred by us as a direct or indirect result of disclosing such information will be paid by the offending party. This shall include full indemnification for any and all expenses incurred by our company.

 

All updates, improvements, modifications, enhancements, and information related to our software is proprietary, and all rights, including copyright, are owned by us. You further acknowledge that you have been advised that the information on the web site and the software code itself, including updates, improvements, modifications, enhancements, and information related to installation constitutes a trade secret of ours and is protected by civil and criminal law, and by law of copyright, and is valuable and confidential to us, and that its use and disclosure must be carefully and continuously controlled by you.

 

We shall at all times retain title to all Software, Site and Services and all related information, including all updates, improvements, modifications and enhancements, furnished to you. The Services and Software supplied are for your personal use. You agree to notify us forthwith if you obtain information as to any unauthorized possession, use or disclosure of any of our Software or Services by any person or entity, and further agree to cooperate with us in protecting our proprietary rights. Unless agreed to by us in writing, our Software may be used only by you.

 

Services and Software from CarEvo are provided for online use and the use of such software may be subject to fees. You agree not in any way to translate, de-compile, reverse engineer, disassemble, modify, reproduce, rent, lease, lend, license, distribute, market or otherwise dispose of any portion of the software. We reserve the right to modify or discontinue our Services, Site and Services at any time without notice.

 

Each paid member or subscriber is responsible for membership and subscription fees and any charges incurred while accessing our Services, Site and Software. You acknowledge and agree that we shall not be liable for any decision made or action was taken by you or others based upon reliance on information or materials obtained through use of our Services, Site or Software.

 

In no case shall our directors, officers, employees, affiliates, agents, or contractors be liable for any direct, indirect, incidental, exemplary, special or consequential damages arising from your use of our Services or Software. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability shall be limited to the extent permitted by law. We do not endorse, warrant, or guarantee any third party product or service offered or otherwise accessed while using our services or programs. You hereby release us from any and all obligations, liability and claims in excess of these liability, limitations. Our service is provided on an “as is” and “as available” basis without warranty of any kind, express or implied. You expressly agree that the use of the Services, Site and Software is at your sole risk.

 

You agree and warrant that the contact information you provide us is complete and accurate, and further agree to notify us within ten days of a change to any such contact information. Contact information includes your name, mailing address, telephone number, and e-mail.

 

You affirmatively represent, agree and warrant that you have and at all times shall have all necessary intellectual property rights, including, but not limited to, all copyrights, trademark and service mark rights and rights of publicity, both in the Canada and throughout the world, to reproduce and disseminate, via the Internet, all data transmitted to or from our servers.

 

You agree and warrant that no data will be transmitted while using our Services, Sites or Software will contain any material which is harmful, violent, threatening, abusive or hateful. You further agree not to transmit data which is libellous, slanderous, defamatory, or in violation or infringement of any common law or another right of any person or other entity, including, without limitation, privacy rights and all other personal and proprietary rights. You agree and warrant that you shall not use any form of mass unsolicited electronic mail solicitations, news group postings, IRC posting or any other form of “spamming”. You agree and warrant that we reserve the right to block mail from any source which we believe, in its sole discretion, is being used to send such unsolicited e-mail, including but not limited to open mail relays. You agree and warrant that you shall not engage in any false, deceptive or fraudulent activities in association with your use of our Services, Site and Software.

 

You agree that at all times when you use the Service, Site and Software that you will act in a manner consistent with this Terms of Use and shall not in any way impair the functioning or operation of our website or network. Should your use of our Services, Site or Software result in an overly high load on our servers, we shall, in our sole discretion, suspend your account until the cause of any such overload is determined and resolved to our satisfaction. You agree and warrant that all applicable taxes have been paid or will be paid in full by you when due regarding all businesses and employees associated with your use of our Services, Site and Software, and that no taxing authorities shall have any claim against us or any affiliated persons for the payment of taxes.

 

You represent and warrant that you are over eighteen years of age (or the age of majority in places where eighteen years is not the age of majority) and are fully competent to agree to the Terms of Use. You agree to comply with all Canadian federal, provincial and municipal laws while using our Services, Site and Software. You also agree to abide by all federal, provincial, territorial and local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data in Canada.

 

While using our Services, Site and Software and during the course of this Terms of Use you may gain access to certain confidential, proprietary and trade secret business or technical information belonging to us (“Confidential Information”). You agree to preserve the confidentiality of all Confidential Information that is provided in connection with the use of our Services, Site and Software; shall not, without the prior written consent from us, disclose or make available to any person, or use for your own or any other person’s benefit, any Confidential Information; and further agree that we retain all rights and title to such Confidential Information.

 

You confirm that you have decided to enter our web site and use our Services, Site and Software at your own risk: and further acknowledge and agree that we, our agents and representatives have not at any time in the past represented to you directly or indirectly communicated in any manner to you any guarantees. Our service and knowledge is clearly and specifically not a guarantee of change, expected results or modification to your credit reports or score.

 

You agree that we have no control over our public free or paid web pages and that any use by a third party is not our responsibility in regards to what they transmit to you or any other person connected to you in any form and we cannot be held responsible for such use or actions by any third parties. You agree that you use our Services, Site and Software at your own risk, and that any causes of action that arise from their use are not our responsibility and any expenses incurred by our company defending any such claims shall be reimbursed by you, to us. This includes any expense related to us defending claims associated with you or as a direct result of you.

 

You further agree to defend, indemnify and hold harmless our company, including its officers, directors, owners, managing agents, attorneys, shareholders, related entities, heirs, and assigns, from and against any and all claims, demands, actions, suits, losses, liabilities, damages, injuries, fines, penalties, costs and expenses, including, without limitation, reasonable legal fees, arising out of any property damage or recoverable economic loss incurred by a third party, to the extent such damage or loss is caused by an act or omission of you or your agents in connection with the Terms of Use.

 

After cancellation of our Services, Site and Software for any reason, you will no longer have access to your account and all information or content, including but not limited to e-mails, web pages, CGI scripts, log files, databases, or other data files associated with your account or your file. This information may be deleted and we accept no liability for such deleted information or content. Additionally, we will not be held to any obligations in regards to the reproduction of the information for the customer or third parties. In no cases will we be obligated to provide support or information in regards to any matters involving your specific or other related situations with you or the third parties that may or may not be related.

 

In the event that any one or more of the provisions or terms contained within this Terms of Use shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or enforceability shall not affect any other provision or terms hereof, and these Terms of Use shall be construed as if such invalid, illegal or unenforceable provision had never been included.

 

Failure of us at any time to enforce any of the provisions of the Terms of Use shall not preclude any other or further enforcement of such provision. We reserve the right at any time to modify or discontinue, temporarily or permanently, our services with or without notice. You agree that we shall not be liable to you or to any third party as a result of the discontinuing of Services, Site and Software.

 

You agree to negotiate in good with us in good faith and resolve any dispute or claim you feel you may have with us. You agree to hold any arbitration, dispute resolution, mediation, litigation or any other proceeding in Calgary, Alberta, Canada. The Courts of the City of Calgary in the Province of Alberta have exclusive jurisdiction and no other courts, and where the governing law for the Terms of Use is the law of the Province of Alberta. Neither you nor we may be a representative of other potential claimants or a class of potential claimants in any dispute concerning or relating to the Terms of Use, nor may two or more individuals’ disputes be consolidated or otherwise determined in one civil action, arbitration, dispute resolution, mediation or any other proceeding. You also agree to waive any rights to participate or initiate an action as a plaintiff or as a member of a class action.

 

This Site contains links to other Internet sites. These links are provided solely as a convenience to you and are not endorsements of any products or services in such sites, and no information in such site has been endorsed or approved by us. These third party sites may also contain opinions and viewpoints of third parties that do not necessarily coincide with our opinions and viewpoints. Those sites may also have privacy policies different than our policy.

 

While we have linked our site to other Web sites. You should understand that this does not mean that we have looked at all those sites, that we have checked them out, or that we endorse them. We disclaim any responsibility if some site you link to has material on it that offends you in any way.

 

By using the Site you consent to our collection and use of your personal information as described in our Privacy Statement, which is referentially incorporated here. If we change our privacy policies and procedures, we will post those changes to the Site so you are aware of what information we collect, how we use it and under what circumstances we may disclose it.

 

You agree to the terms and conditions outlined in this Terms of Use with respect to the Site. This Terms of Use may be amended at any time by us from time to time without specific notice to you. The latest version will be posted on the Site, and you should review this prior to using the Site.

 

The content, organization, graphics, design, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyrights, trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, except as allowed, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials. Some of the content on the site is the copyrighted work of third parties.

 

Our Site, Software and Services include our service marks or registered service marks or trademarks. Other product and company names mentioned on the Site may be trademarks of their respective owners.

 

You are granted a non-exclusive, non-transferable, revocable license (a) to access and use the Site strictly in accordance with the Terms of Use and Privacy Statement; (b) to use the Site solely for internal, personal, non-commercial purposes; and (c) to print out discrete information from the Site solely for internal, personal, non-commercial purposes and provided that you maintain all copyright and other policies contained therein. No printout or electronic version of any part of the Site or its contents may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

 

Your license for access and use of the Site and any information, materials or documents (collectively referred to as “Content and Materials”) is subject to the following restrictions and prohibitions on use: You may not (a) copy, print, republish, display, distribute, transmit, sell, rent, lease, loan or otherwise make available in any form or by any means all or any portion of the Site or any Content and Materials retrieved there from; (b) use the Site or any materials obtained from the Site to develop, of as a component of, any information, storage and retrieval system, database, information base, or similar resource (in any media now existing or hereafter developed), that is offered for commercial distribution of any kind, including through sale, license, lease, rental, subscription, or any other commercial distribution mechanism; (c) create compilations or derivative works of any Content and Materials from the Site; (d) use any Content and Materials from the Site in any manner that may infringe any copyright, intellectual property right, proprietary right, or property right of us or any third parties; (e) remove, change or obscure any copyright notice or other proprietary notice or terms of use contained in the Site; (f) make any portion of the Site available through any timesharing system, service bureau, the Internet or any other technology now existing or developed in the future; (g) remove, de-compile, disassemble or reverse engineer any Site software or use any network monitoring or discovery software to determine the Site architecture; (h) use any automatic or manual process to harvest information from the Site; (i) use the Site for the purpose of gathering information for or transmitting (1) unsolicited commercial email; (2) email that makes use of headers, invalid or nonexistent domain names, or other means of deceptive addressing; and (3) unsolicited telephone calls or facsimile transmissions; (j) use the Site in a manner that violates any municipal,  provincial, federal law regulating email, facsimile transmissions or telephone solicitations; and (k) export or re-export the Site or any portion thereof, or any software available on or through the Site, in violation of any export control laws or regulations

 

We may make available through the Site or through other web sites sample and actual forms, checklists, and documents (collectively, “Documents”). All Documents are provided on a non-exclusive license basis only for your personal one-time use for non-commercial purposes, without any right to re-license, sublicense, distribute, assign or transfer such license. Documents are provided for a charge and without any representations or warranties, express or implied, as to their suitability, legal effect, completeness, correctness, accuracy, and/or appropriateness. The Documents are provided “as is”, “as available”, and with “all faults”, and we and any provider of the Documents disclaim any warranties, including but not limited to the warranties of merchantability and fitness for a particular purpose.

 

Information contained on or made available through the Site, Software and Services is not intended to and does not constitute financial or legal advice or recommendations and no relationship is formed. We do not warrant or guarantee the accurateness, completeness, adequacy or currency of the information contained in or linked to the Services, Software or Site. Your use of information on the Site or materials linked to the Site is entirely at your own risk.

 

The Site may contain advertising and sponsorships. Advertisers and sponsors are responsible for ensuring that material submitted for inclusion on the Site is accurate and complies with applicable laws. We are not responsible for the illegality or any error, inaccuracy or problem in the advertiser’s or sponsor’s materials.

 

We do not represent or warrant that the Site will be error-free, free of viruses or other harmful components, or that defects will be corrected. We do not represent or warrant that the information available on or through the Site will be correct, accurate, timely or otherwise reliable. We may make changes to the features, functionality or content of the Site at any time. We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site.

 

Third party content may appear on the Site or may be accessible via links from the Site. We are not responsible for and assume no liability for any mistakes, misstatements of law, defamation, omissions, falsehood, obscenity, pornography or profanity in the statements, opinions, representations or any other form of content on the Site. You understand that the information and opinions in the third party content represent solely the thoughts of the author and is neither endorsed by nor does it necessarily reflect our belief.

 

We reserve the right to investigate complaints or reported violations and to take any action we deem appropriate, including but not limited to reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses and traffic information.

 

You agree to indemnify, defend and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third party suppliers of information and documents, lawyers, advertisers, product and service providers, and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Terms of Use, or your use of the Site, as well for use of Services and Software.

 

English Language

All persons agree that the Website Terms of Use is only written in the English language.
Toutes les personnes conviennent que les Conditions d’utilisation du site sont seulement écrit dans la langue anglaise.