CarMD Corporation, together with its Affiliates (collectively referred to as “CarMD”), provides the website that you will use, or are using to access CarMDs’ proprietary vehicle diagnostic services. The CarMD2.0 mobile application (the “App”), the optional associated CarMD programed wireless device for accessing your vehicle information (the” Device”), the Content (as defined below), related information, products and services (“Related Services”) and the websites, which include www.CarMD.com and other affiliated sites. (collectively the “Sites”), all collectively referred to as the “Service”. Your use of the Service is subject expressly to your continued compliance with all terms and conditions in this EULA as well as with any other applicable agreement between you and CarMD. Your use of the Service is also subject to your compliance with guidelines and rules applicable to the Service, including the guidelines and rules set forth in the instructional materials provided to you by CarMD, which are hereby incorporated by reference herein.
As used in this EULA, “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, advertisers, and all other parties involved in creating, producing, and/or delivering the Service.
A SERVICE DESCRIPTION
- CarMD is a data solutions company offering a variety of proprietary services to provide vehicle operation and repair information in order to benefit the vehicle operator or other end business user. Its vehicle diagnostic Service offers automotive aftermarket vehicle information and portal services through the use of included hardware to provide advice and expertise to manage aspects of vehicle ownership and operation, including:
- Vehicle Diagnostics
- Vehicle Maintenance
- TSB’s and Recalls
- Most Likely Fix for indicated vehicle conditions
- Part Identification/Purchase
- Predicted Future Failures
- The Service and Content made available through the Sites are meant to provide a basic overview of probable causes related to electronic and emissions-related systems in your vehicle. Vehicle specific probable cause(s), probable fix(es) and predicted failures are based on years of historical data compiled by ASE Certified Master Technicians. They may be organized from most probable to least probable. Required parts useful to implement needed repairs to your specific vehicle maybe identified by universal part numbers and enable linking to aftermarket parts/service providers to enable e-commerce transactions for the purchase of needed parts and any required repair/installation services. Cost estimates associated with the repair/installation service generally do not include the diagnostic time, which will vary from one repair shop to another.
- It is recommended that you not make repairs, nor avoid service recommended by a qualified technician, solely because of something you read on the Sites or a diagnostic trouble code (DTC) you received from any CarMD diagnostic device. This Service should be used as a supplement to a regular automotive maintenance program, which also includes basic mechanical upkeep such as regularly checking your tire pressure, brake pads, belts, oil, fluids, etc.
- CarMD may provide you with links to third-party cost consolidators of vehicle repair and/or maintenance information. CarMD does not warrant the work of any third-party repair providers and/or the costs of any such repair and/or maintenance. This enhanced service simply provides a comparison of the costs of vehicle repairs and/or maintenance in your area and CarMD assumes no liability for any advice, diagnosis or repair by any of these third-party repair providers.
- All Content is for informational purposes only. The Content is not intended to be a substitute for advice, diagnosis or repair by a qualified professional technician. 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, safely pull to the side of the road and call a qualified roadside maintenance service.
END USER LICENSE AGREEMENT
This is an End User License Agreement (EULA) between you and CarMD, for your use of the Service, including the App, the Device, executable code, associated media, reports, upgrades, updates, patches, plug-ins, supplemental applications, printed materials, files, data, documentation, CarMD created skins, software updates, web services and associated data and other information provided to you or made available to you as part of the Service or through the Sites (referred to collectively as the “Content”). CarMD or its authorized reseller may have also provided you a programed wireless device that enables you to access the Sites and use the Service and the Content.
Instructions for installing the Device on your vehicle and opening the App are available at https://www.CarMD/pages/email.
If you do not agree to the terms of this EULA, CarMD and its Affiliates are unwilling to license the use of the Service, the App, the Device, the Sites or the Content to you. In that event, you may not use any of the Sites or install, copy, download or otherwise use the App, the Content or the Service.
CarMD provides access to the real-life repairs and “check engine” data as well as certain other proprietary information and technology. You acknowledge and agree that if you have a separate agreement or agreements with CarMD relating to your purchase and use of the device, that this EULA does not modify or amend any such device related agreement.
- USE OF CARMD 2.0 CONTENTS OR SERVICES
Subject to your consent to and compliance with the terms and conditions of this EULA, and the terms and conditions associated with your non-commercial use of the Service, CarMD hereby grants you a conditional, limited, personal, non-exclusive, and non-transferable license to access the Sites and to use the Service, the App, the Sites and the Content as defined below. A single registered copy of the App may be installed on a single mobile device or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials with any third party.
- RESTRICTIONS ON USE
You may not: (i) modify or create any derivative works of Content; (ii) decompile, disassemble or reverse engineer the Content, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of Content, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in any of the App, the Sites, the Content, or elsewhere in the Service (except to the extent applicable laws specifically prohibit such restriction), or (c) retrieve, compile, or mine data associated with the Content which is not presented to you as End User during the normal course of operation and use of the Service; (iii) attempt to access or use the premium features of the Service if you have not paid any applicable fees, or by any manner or method other than using the license key for the App provided by CarMD; (iv) redistribute, encumber, pledge, sell, assign, rent, lease, sublicense, or otherwise transfer any Content or rights thereto, including any registration codes and license keys; (v) use the Service, the App, the Sites or the Content for or in connection with commercial business operations including: automobile dealerships (new or used); automobile fleet services, automotive parts distributors; automotive part retailers; automotive repair shops (brick and mortar or mobile); and automobile auction houses; (vi) use the Service, the App or the Content in a timesharing, service bureau, application service provider, or similar business arrangement; or (vii) remove or alter any trademark, logo, copyright or other proprietary notices, legends, symbols or labels in the Content, the Sites or elsewhere in the Service. The CarMD-produced skins that are provided with the Service may only be used with the Service and may not be used with any other software or any other third-party device or service.
- RESTRICTION OF MOBILE DEVICE USAGE
You agree to use the Service, the App, the Content, any mobile device, and any vehicle in which the Service is installed or used in accordance with all applicable Federal, State and local laws. You are strictly responsible for knowing and understanding the relevant Federal, State and local laws that apply to your personal use of the Service, the Content, and any associated mobile device.
If you breach this EULA or any other rule, guideline, law or agreement applicable to your use of the Service or Content, your right to use the Service, the App and the Content shall terminate immediately and without notice. The respective rights, restrictions and obligations of CarMD, including its Affiliates, and you under the provisions of Sections 2 (“Restrictions on Use”), 3 (“Restrictions of Mobile Device Usage”), 4 (“Termination”), 5 (“Proprietary Rights”), 6 (“Indemnification”), 7 “Disclaimer of Warranty”), 8 (“Limitation of Liability”) and 11 (“Miscellaneous”) shall survive expiration or termination of this EULA and you agree to continue to be bound by those terms. Upon termination, you shall no longer accesses the Content or otherwise use the Service or the App.
- PROPRIETARY RIGHTS
Title, ownership rights, and intellectual property rights in the Service, the App, the Device, the Sites and the Content, including any derivative thereof, shall remain exclusively in CarMD. You acknowledge their ownership of such intellectual property rights and you agree that you will not take any action to challenge, jeopardize, limit or interfere in any manner with CarMD, or it’s Affiliates’, ownership of any intellectual property rights associated with respect to the Service, the App, the Device, the Sites and the Content. The Service, the App, the Device, the Sites and the Content are protected by patents, copyrights and/or other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Service, the App, the Device, the Sites and the Content are owned by CarMD, and no license to use any such trademark is provided hereunder, except as specifically provided herein. You agree that CarMD may use in any manner and without limitation all comments, suggestions, complaints and other feedback you may provide relating to the Service, the App the Sites, the Device or the Content.
You agree to indemnify, hold harmless, and at CarMD’s request, to defend CarMD, and its Affiliates from any and all costs, damages and reasonable attorneys’ fees arising from any breach by you of this EULA, and any claim that your use of the Service, the App, the Device, the Sites or the Content has injured or otherwise violated any law or any right of any third party.
- DISCLAIMER OF WARRANTY FOR THE SERVICE AND CONTENT
THE SERVICE IS PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO: ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARMD, ITS LICENSORS AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED; ANY WARRENTY THAT THE SERVICE, THE APP, THE DEVICE, THE SITES OR ANY CONTENT IS FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; ANY WARRENTY THAT THE FUNCTIONALITY OF THE SERVICE OR THE CONTENT WILL MEET YOUR REQUIREMENTS OR THAT ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED; AND ANY IMPLIED WARRANTIES THAT THE SERVICE, THE APP, THE DEVICE, THE SITES OR ANY CONTENT, OR YOUR USE THEREOF IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, FIT FOR A PARTICULAR PURPOSE OR NEED, OR WILL NOT INFRINGE ANY THIRD PARTY RIGHTS, UNLESS ANY SUCH IMPLIED WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY CARMD OR ANY AUTHORIZED REPRESENTATIVE OF CARMD, OR ANY OF ITS AFFILIATES, OR ANY INFORMATION OR STATEMENT IN ANY CARMD CONTENT SHALL CREATE ANY WARRANTY, OR IN ANY WAY INCREASE THE SCOPE OF ANY WARRANTY THAT CANNOT BE DISCLAIMED UNDER APPLICABLE LAW. CARMD AND ITS AFFILIATES DISCLAIM LIABILITY, AND SHALL NOT INCUR ANY LIABILITY, WITH RESPECT TO YOUR USE OF THE SERVICE, THE DEVICE, ANY OF THE SITES OR THE CONTENT. YOU BEAR THE ENTIRE RISK AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR ARISING FROM YOUR USE OF THE APP, THE SERVICE, THE DEVICE OR ANY CONTENT. THIS DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS EULA. NO USE OF THE SERVICE, THE APP, THE DEVICE, THE SITES OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.
- LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARMD OR ITS AFFILIATES BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO YOUR USE OF THE SERVICE, THE APP, THE DEVICE, ANY OF THE SITES OR ANY CONTENT UNDER THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, VEHICLE FAILURE OR MALFUNCTION OR ANY AND ALL OTHER PERSONAL OR COMMERCIAL DAMAGES OR LOSSES, EVEN IF YOU OR CARMD HAVE BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. CARMD AND ITS AFFILIATES’ ENTIRE COLLECTIVE LIABILITY THAT MAY SURVIVE UNDER THE TERMS OF THIS AGREEMENT SHALL NOT EXCEED IN THE AGGREGATE THE SUM OF THE FEES PAID BY YOU FOR THIS LICENSE (IF ANY) AND REPLACEMENT OF DEFECTIVE DEVICE OR APP OR PROVISION OF A REASONABLY SIMILAR DEVICE OR APP, AS DETERMINED AT CARMD’S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF CARMD OR ITS AFFILIATES, BUT THEN SOLELY TO THE EXTENT THAT APPLICABLE LAW PROHIBITS THE LIMITATION OF DAMAGES IN SUCH CASES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL, CONSEQUENTIAL OR SPECIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE IN YOUR JURISDICTION. FURTHER, CARMD AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING IN WHOLE OR IN PART OUT OF: (i) YOUR USE OF SERVICES OR CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICE AND/OR ANY THIRD PARTY INFORMATION OR MATERIAL LINKED THROUGH THE SERVICE, ANY OF THE SITES OR ANY CONTENT; (ii) YOUR USE OR OPERATION OF A THIRD PARTY APP, DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE SITES; (iii) YOUR USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON ANY OF THE SITES FOR USE WITH THE SERVICE; (iv) ANY USE OF THE APP, OR THE DEVICE FOR PROVIDING THE SERVICE, OR ACCESSING ANY CONTENT IN A MANNER THAT IS INCONSISTANT WITH ANY INSTRUCTIONS, WARNINGS OR GUIDELINES PROVIDED BY CARMD, OR (v) ANY USE OF THE APP OR THE DEVICE, OR ACCESSING THE SITES OR THE CONTENT WHILE THE VEHICLE IS IN MOTION.
- MOBILE DEVICE DATA USAGE
The Service provides access to features and functionality that may use the data connection of 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 Service, it may result in even higher charges. CarMD and its Affiliates are in no way responsible or liable for any and all charges you receive from your data plan provider related to the use of the Service.
- INJUNCTIVE RELIEF
You acknowledge and agree that, notwithstanding any other provisions of this Agreement, any breach or threatened breach of this EULA by you shall cause CarMD or its Affiliates irreparable damage for which recovery of monetary damages would be inadequate and that CarMD or its Affiliates therefore may obtain timely injunctive relief to protect its rights under this EULA in addition to any and all other remedies available at law or in equity.
This EULA, 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 CarMD. This EULA shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods. If any provision in this EULA 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 EULA if no such modification is possible, and other provisions of this EULA shall remain in full force and effect, or CarMD may at its option instead terminate this EULA. A waiver by either party of any term or condition of this EULA 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 EULA or any rights or obligations arising hereunder without the written consent of CarMD. CarMD may assign this EULA to any entity at its sole discretion. This EULA 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 any applicable fees and charges) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This EULA and supersedes any proposal or prior communications between CarMD or any of its Affiliates, and you relating to the subject matter of this EULA.
Patents owned by CarMD or its Affiliates, which may be used in connection with the Service are listed at www.CarMD.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, copyright, trademark or confidential information of CarMD or any of its Affiliates.
- MODIFICATIONS, INTERRUPTION OR DISCONTINUATION
CarMD reserves the right in its sole discretion to either modify or discontinue the Service, the Sites and any Content, at any time with or without notice to you. CarMD shall not be liable to you or any third party should CarMD exercise such right. Modifications may include, but are not limited to, changes in the pricing structure and the available Content, the addition of fee-based services, and the manner of providing or operating any feature of the Service. Any new features that supplement enhance or otherwise change the then current Service or Content, and your use thereof, shall also be provided subject to this EULA.
You understand and agree that interruptions of the Service may occur as normal events. You further understand and agree that CarMD and its Affiliates have no control over third-party networks you may access or be required to access in the course of your use of the Service, and therefore, delays and disruption of or by other network transmissions are completely beyond CarMD’s control.
You understand and agree that the Service, the Sites, the App and the Content are provided “AS IS” and that CarMD assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user generated communications or personalized settings.
Clicking on the “Accept” icon constitutes acceptance of the foregoing terms and conditions of this End User License Agreement.
Copyright and Trademark Notices
All content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, on the CarMD2.0 website are, Copyright© 2017-2022 CarMD 17352 Von Karman Avenue, Irvine, CA 92614. All rights reserved, or otherwise owned by CarMD and protected under applicable laws. Copyright and other intellectual property laws and treaties protect any hardware and software or content provided as part of the Service. CarMD and/or its Affiliates own the title, copyright, and other intellectual property rights in the Content. CarMD, CarMD2.0 and RepairSolutions2 are registered trademarks of CarMD in the United States and elsewhere. Other names of companies and products mentioned herein may be registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.
Do you have questions or comments regarding this website or our policies? Please contact:
Customer Service Department
17352 Von Karman Avenue
Irvine, California 92614