The Services provided under this Agreement are meant to provide a basic overview of probable cause(s) and vehicle related awareness information concerning the electronic- and emissions-related systems in your vehicle. Probable cause(s) and Probable Fix(es) are based on years of historical data compiled by ASE Certified Master Technicians. Repair/cost estimates may be provided, and are based on parts and labor costs broken down by U.S. region.
Customers who purchase/utilize the Innova Diagnostic Services (Services) may use a small device to plug into their vehicle’s OBD port, typically located beneath the steering column. The device collects and sends information from the vehicle to the Innova website to allow Innova to derive information concerning the likely vehicle condition, vehicle repairs, maintenance schedules, recalls, etc. Though that information has been found to be reliable, the information provided by the Services is not guaranteed to be accurate and is not intended to be a substitute for advice, diagnosis or repair by a qualified professional technician.
The Innova website, API and software application contents, including text, graphics, images and other information (“Content”) are for informational purposes only. The Innova Services should be used as a supplement to, not as a substitute for, a regular automotive maintenance program, which also includes basic mechanical upkeep such as regularly checking your tire pressure, brake pads, belts, oil and fluids, etc. Innova does not recommend that you ignore or avoid the advice of a qualified technician, solely because of Content you read on the Innova website, software application, or a Diagnostic Trouble Code (DTC) you receive from any device. Always seek the advice of your personal mechanic, dealership or an ASE Certified automotive technician with any questions you may have regarding vehicle maintenance or concerns. If you have an automotive emergency, pull to the side of the road, turn off the engine and call a qualified roadside maintenance service.
The Innova website, API and software application contain varying levels of accessibility and information offerings, depending on user’s membership status.
Acknowledgement/Vehicle Owner Consent/Use of Vehicle and Personal Information
By using the Services, you confirm that you are over eighteen (18) years old and you consent to:
- Accessing electronic information from your vehicle by any means;
- Communicating information from your vehicle to Innova; and
- permitting Innova, its associates and/or its customers to permanently retain, use, sell or otherwise provide the vehicle information received by Innova and the personal information received by Innova (excluding social security numbers, credit card numbers and other personal financial information) as follows:
- To further our ability to help you monitor, diagnose and service your current and future vehicle health status;
- To incorporate the information into our database, to enhance the Services, products and information sold or otherwise made available to our customers and associates;
- To derive statistical information used in the Services and other products sold or otherwise distributed by Innova, its associates and/or its customers; and
- To alert you of new products, services, special offers, and other information related to vehicle repair and maintenance services offered by Innova, its associates and/or its customers.
License Grant/Use of the Services
Subject to your compliance with the terms and conditions of this Agreement, and the terms and conditions associated with the selected Innova Services, Innova grants you a personal, non-exclusive, and non-transferable license to use the Services as defined in below. You may not share any login information or access credentials to any third party.
Restrictions on Use
You may not: decompile, disassemble, reverse engineer, or otherwise attempt to
- Derive the source code, underlying ideas, algorithms, structure or organization of the Services;
- Compile, repurpose, or sell the information provided by Innova;
- Defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in the Services (except to the extent applicable laws specifically prohibit such restriction); or
- Retrieve or mine data associated with the Services which is not presented to the user during the normal course of use of the Services;
- Attempt to access or use the premium features of the Services if You have not paid the applicable fees or by any manner or method other than using the license key provided by Innova;
- Redistribute, encumber, sell, rent, lease, sublicense, or otherwise transfer any registration codes and license keys;
- Use the Services in a timesharing, service bureau, application service provider, or similar business arrangement; or
- Remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels used on any materials generated by the Services.
Title, ownership rights, and intellectual property rights in the Services shall remain in Innova and/or its licensors and other suppliers. You acknowledge such ownership and intellectual property rights and will not take any action to jeopardize, limit or interfere in any manner with Innova’s or its licensors’ or other suppliers’ ownership of or rights with respect to the Services. The Services are protected by copyright and other intellectual property laws and by international treaties. Patents owned by Innova are available at www.innova.com/patents. Except as specifically provided herein, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise the granting of any license or right under any patent or copyright owned by Innova. All trademarks used in connection with the Services are owned by Innova, its affiliates or its licensors and other suppliers, and no license to use any such trademarks is provided hereunder. You agree that Innova may use in any manner and without limitation all comments, suggestions, complaints and other feedback You provide relating to the Services.
Web Server Security Practices
All information collected by our server is protected through a firewall, which prevents unauthorized outside visitors to collect any information about you. Internally, the information is redirected and stored in a secure and isolated server that is only accessible by authorized personnel.
Innova website and software application offers some services that allow you to record and store information in a password-protected area, such as Innova Login. You are responsible for taking all reasonable care to ensure that no unauthorized person shall have access to your Innova passwords or accounts. You grant Innova and all other persons or entities involved in the operation of the website the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the website. Innova does not assume any responsibility or liability for any information you submit.
CarMD “Public Areas”
If you use a Public Area of Innova website or software application, such as a chat room, blog, bulletin board or testimonial form, you are solely responsible for your own communications, the consequences of posting those communications, and your reliance on any communications found in the Public Areas. Innova and its licensors are not responsible for the consequences of any communications in the Public Areas. Innova also reserves the right to delete, edit, or omit any offensive comments posted at any such public areas of the Innova website.
Third Party Links and Content
Innova website and software application may provide links to third-party web sites. Innova, does not endorse the content on any such third-party websites, nor is Innova responsible for the content of linked third-party sites. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such sites.
Mobile Device Data Usage
The Services may be accessed using your computer or mobile device. Depending on your mobile data plan, you may be charged for data use by your mobile device carrier. While many mobile devices automatically disable data usage when roaming (using your mobile device outside your country or covered area of your carrier) or in other situations, if the data connection is active and you use the Services, it may result in even higher charges. Innova is in no way responsible or liable for any and all charges you receive from your data plan provider which arise from the use of the Services.
BY INSTALLING OR ALLOWING INSTALLATION OF THE DEVICE, OR OTHERWISE USING THE SERVICES, YOU:
Disclaimer of Warranty for the Services
THE SERVICES ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. INNOVA, ITS LICENSORS AND SUPPLIERS SPECIFICALLY DISCLAIM ANY WARRANTIES: THAT THE SERVICES ARE FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; THAT THE FUNCTIONALITY OF THE SERVICES WILL MEET YOUR REQUIREMENTS; THAT ERRORS IN THE SERVICES WILL BE CORRECTED; OR THAT THE SERVICES ARE NON-INFRINGING. FURTHER, INNOVA, ITS LICENSORS AND OTHER SUPPLIERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY INNOVA OR A INNOVA AUTHORIZED REPRESENTATIVE SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. AS SUCH, YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. NO USE OF THE SERVICES IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
Should You breach this Agreement, Your right to use the Services shall terminate immediately and without notice. The respective rights and obligations of Innova and You under the provisions of Restrictions on Use, Termination, Proprietary Rights, Indemnification, Limitation of Liability and Miscellaneous shall survive expiration or termination of this Agreement and You agree to continue to be bound by those terms.
You agree to indemnify, hold harmless and, at Innova’s request, to defend Innova, its affiliates, licensors and suppliers from any and all costs, damages and reasonable attorneys’ fees resulting from Your breach of this Agreement, or any claim that Your use of the Services has injured or otherwise violated any right of any third party or violates any law.
INNOVA RESERVES THE RIGHT TO ANONYMOUSLY TRACK AND REPORT YOUR ACTIVITY WITH REGARD TO THE SERVICE, THE OPERATING ENVIRONMENT USED, AND VEHICLE STATISTICS. LICENSEE CONSENTS TO SUCH TRACKING AND REPORTING.
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this Agreement by you shall cause Innova irreparable damage for which recovery of monetary damages would be inadequate and that Innova, therefore, may obtain timely injunctive relief to protect its rights under this Agreement, in addition to any and all other remedies available at law or in equity.
Limitation of Remedies and Damages
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, WHETHER IN TORT, CONTRACT OR OTHERWISE, SHALL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM USE OF THE SERVICES UNDER THIS AGREEMENT. IN THE EVENT THE LIMITATIONS SET FORTH IN THE PRECEDING SENTENCE IS HELD BY ANY COURT TO BE UNENFORCEABLE, NEITHER PARTY SHALL NOT IN ANY EVENT BE LIABLE TO THE OTHER FOR DAMAGES OF ANY KIND IN EXCESS OF $500.
This Agreement constitutes the entire agreement between the parties concerning the subject matter hereof, which may only be modified by a written amendment signed by an authorized executive of Innova. This Agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this Agreement should be held illegal or unenforceable, such provision shall be modified to the extent necessary to render it enforceable without losing its intent, or severed from this Agreement if no such modification is possible, and other provisions of this Agreement shall remain in full force and effect, or Innova may, at its option, terminate this Agreement. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, shall not waive such term or condition or any subsequent breach thereof. You may not assign or otherwise transfer by operation of law or otherwise this Agreement or any rights or obligations herein. Innova may assign this Agreement to any entity at its sole discretion. This Agreement shall be binding upon and shall inure to the benefit of the parties, their successors and permitted assigns. Neither party shall be in default or be liable for any delay, failure in performance (excepting the obligation to pay) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This Agreement is the complete statement of the agreement and supersedes any proposal or prior communications between Innova and you relating to the subject matter of this Agreement. This Agreement may be updated or modified by Innova, in which case notice of such update or modification shall be prominently indicated on the Innova website. Your continued use of the Services after such notice shall constitute Your acceptance of the updated or modified Agreement.
We collect your location information through your IP address, WiFi, Bluetooth, and GPS coordinates (e.g., latitude/longitude) available through your mobile device. We may also gather information about your location using other technologies and sensors which may provide us with information about nearby devices, WiFi access points and networks, and nearby cell towers. If you enable the mobile app to use your Bluetooth signal, we may be able to determine location based on nearby Bluetooth-enabled devices, which helps us to improve location accuracy. Depending on your device settings, we collect location information in the background, even when you are not actively using the app. We collect and maintain location data to provide you the features and functionality of the Service. If you want to opt-out of the collection of your location data, please adjust your settings in your mobile device to limit the app’s access to your location data.
Questions or comments? Please contact Technical Support at:
Attn: Technical Support
17352 Von Karman Avenue
Irvine, CA 92614
Phone: 800-544-4124 (6:00AM-6:00PM, Pacific, Monday – Saturday)
Email: Technical Support Contact Form
This Agreement shall be governed by the applicable law of the state of California, excluding its choice of law provisions. Any dispute arising under this Agreement shall be resolved in a Federal or State Court located in Orange County, California.