CarMD Privacy Policy

1. CarMD Values Your Privacy

Any and all personal information collected by the APP or site will be kept strictly confidential and will not be sold, rented, loaned, or otherwise disclosed to any outside third-party without consent. Any and all the information provided by you, by your vehicle service provider, or by the vehicle will be held with the utmost care and to further our ability to help you and others with current and future vehicle health issues, as described below.

2. Collection of Personal Information and Website Use Data

Several sections of the CarMD mobile application (“the APP”) and the CarMD.com website (“the website”) request and collect personal identifiable information, such as your e-mail address, name, home or work address or telephone number, and credit card information. That information will only be used to provide you or your vehicle service provider with any and all requested information, products or services and will NOT be sold, reused, rented, loaned, or otherwise disclosed without written authorization.

We also collect other aggregated information such as your Internet Protocol (IP) address to help diagnose problems with our systems and ensure the safety and security of our customers and website visitors. During your visit we monitor your experience by collecting additional data, including: duration of visit, web browser type and version, operating system, referring sites, type of product used, and other web browsing behaviors and statistics. This information is exclusively used internally for system improvements and to better serve our customers and website visitors.

3. Collection of Vehicle Information

As part of the diagnostic evaluation provided by the APP and the CarMD website, we also collect information from your vehicle that identifies and indicates the operation condition of your vehicle.  That information is compared to other stored information collected from similar vehicles and other reference materials to help identify any defects in your vehicle, and the most likely fix to remedy the defect.  Your vehicle information is then permanently merged with our stored information to further enhance our ability to identify and fix future defects in your vehicle and similar vehicles that we may later service.

4. Your User Generated Content is not confidential or proprietary.

You grant, and warrant that you have the right to grant to Jiffy Lube, its affiliates and suppliers, a non-exclusive, non-revocable, worldwide, transferable, royalty-free, perpetual right to use your User Generated Content in any manner of media now or later developed for any purpose, commercial, advertising or otherwise, including the right to store translate, display, perform, reproduce, modify, create derivative work, sub-license, distribute, assign and commercialize without any payment due to you.

5. Use of Your Information

All the personal identifiable information and other information provided by you, your vehicle service provider or your vehicle will only be used as authorized herein. Personal information will NOT be shared with third parties for commercial purposes. The consented information provided to CarMD can and may be used in the following ways:

  • To communicate with you by electronic means to your mobile device
  • To monitor your use of the app and the website
  • To ensure a safe and secure web browsing experience
  • To improve the content and service of our website
  • To improve our product and brand experience
  • To support customer questions regarding any of the products offered in this website
  • To alert you of new products, special offers and other information related to car repair and maintenance
  • To service our accounts;
  • As part of our diagnostic database used in evaluating vehicle condition data from various customer vehicles; and
  • As part of generalized statistical analysis for evaluating vehicle condition data and generating predictive diagnostic reports for predicting defects in various make/model vehicles such as the CarMD® Vehicle Health Index™

If you are a registered member, you have the right to modify all personal information provided by logging into your account or by directly contacting us. (See contact information)

6. Use of Cookies

A cookie is a text file that is placed on your hard disk by an Internet web server. Cookies cannot be used to run programs or deliver viruses to your computer. Cookies are uniquely assigned to you, and can only be read by a web server in the domain that issued the cookie to you.

The APP and the site collect “cookie” information to personalize your browsing experience and to provide you better service and information about your needs and interests. Most Web browsers have the ability to accept or decline “cookies”. Popular browsers such as Microsoft® Internet Explorer, Apple® Safari, Mozilla Firefox®, Google Chrome, and Netscape® automatically accept cookies, but you can modify their setting to decline cookies if you desire. Some sites use cookies to provide an interactive experience, so if you choose to decline cookies you may not be able to view all its features.

7. Web Server Security Practices

All information collected by our server is protected through a 128-bit encryption firewall, which prevents 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.

8. Passwords

CarMD.com offers some services that allow you to record and store information in a password-protected area, such as CarMD PRO SCAN. You are responsible for taking all reasonable steps to ensure that no unauthorized person shall have access to your CarMD.com passwords or accounts. You grant CarMD and all other persons or entities involved in the operation of the APP and the site the right to transmit, monitor, retrieve, store, and use your information in connection with the operation of the APP and the site. CarMD.com Corp. does not assume any responsibility or liability for any information you submit.

9. Acceptance

Clicking on the “Accept” icon constitutes acceptance of the foregoing terms respecting the collection and use of the above described data.

End User License Agreement

TERMS & CONDITIONS

Section One

CARMD PRO SCAN MOBILE APPLICATION SUBSCRIPTION AGREEMENT

This CarMD PRO SCAN Mobile Application Subscription Agreement (“Subscription Agreement”), dated as of the Effective Date, governs the order, purchase, subscription, payment, and use, by End User, of the CarMD PRO SCAN Subscription Service(“Service”). This Subscription Agreement includes: (1) the Terms and Conditions of Sale (“T&C’s”) attached hereto that states the number of Subscriptions ordered, the number of months each Subscription is to be provided (the “Term(s)”) and the payment terms for the Subscription(s) (“Payment Terms”) with respect to End User’s order for the Service; (2) the Terms of Use and End User License Agreement attached hereto and found at https://www.carmd.com/privacy-policy/ as in effect from time to time, and (3) any additional terms pertaining to the Service (“Additional Terms”) that may be agreed in writing by End User and CarMD.com Corporation (“CarMD”).

1. Purchase and Sale of CarMD PRO SCAN Subscription(s)

  1. End User hereby purchases from CarMD, and CarMD hereby agrees to provide to End User, through its duly authorized designated user(s), the CarMD PRO SCAN mobile application (APP) subscriptions (“Subscriptions”) in the quantity, for the Term and for the price stated in each T&C’s attached hereto, and End User agrees to pay the total subscription price (“Subscription Price”) and otherwise to comply with all terms and conditions in this Subscription Agreement, each of the T&C’s, the Terms of Use and End User License Agreement, and any Additional Terms.
  2. End User hereby confirms that the number of Subscriptions, the Term of the Subscriptions and the Subscription Price stated in the T&C’s are correct. End User has provided a valid name, email address and phone number to enable CarMD to contact End User in order to provide account activation and enable access to the Service.
  3. End User represents and warrants that the authorized representative executing the T&C’s has all necessary authorization to purchase and pay for the Subscription(s) indicated in each of the T&C’s.
  4. If End User has created a payment profile authorizing credit card and/or ACH payments, End User authorizes CarMD to charge the designated credit card and/or to have End User’s bank deduct Subscription Price payment(s) from such checking/savings account(s), on the payment date(s) and in the amounts indicated on the T&C’s.
  5. If CarMD is unable to secure funds from End User’s specified debit/credit card(s) or bank for any reason, including, but not limited to, insufficient funds or insufficient or inaccurate information provided by End User, CarMD may undertake further collection action, including application of fees to the extent permitted by law.
  6. End User agrees to provide, at its own expense, the necessary electric service, wiring, computer equipment and data communication line capability for access to the Service VIA the app..
  7. End User may increase the number of Subscriptions at any time by paying, or agreeing to pay by Invoice, such additional Subscription Prices, in which case the existing Term(s) of Use and End User License Agreement shall also apply to such additional Subscriptions and associated vehicles. End User is not permitted to decrease the number of Subscriptions before the expiration of the applicable Term(s) of the Subscriptions.
  8. Following expiration of the Initial Term, the Terms of Service may automatically renew for successive periods of one (1) month each unless and until either party gives the other party notice of non-renewal at least thirty (30) days prior to the next scheduled renewal date. CarMD may, for each renewal Term, increase or otherwise modify the payment terms to conform to CarMD’s then-current payment terms.
  9. A late fee may be applied to End User’s CarMD PRO SCAN account if End User’s payment occurs after the due date. Payment cancellation or unsuccessful payment may cause an interruption of the Service and result in additional fees.
  10. CarMD will send End User an email confirmation of End User’s Subscription payment(s).

2. Payment for the Subscription(s).

  1. Payment Methods. End User shall make Payment for the Subscription(s) by credit card approved by CarMD.
  2. Payment by Credit Card.On approval of CarMD, End User may make payment for the Subscription(s) by using a credit card approved by CarMD. Upon selecting the payment by credit card option, End User shall provide all information required to be provided on the form. End User authorizes CarMD to charge payments to End User’s designated credit card(s) account(s). Each monthly Subscription Price shall be paid in advance of the period for which the Subscription Price applies. End User hereby represents and warrants that all credit card information End User provides is correct, that the credit card account entered is and shall continue to be a valid account, that End User is a duly authorized user of such account, and that there is available credit in such account sufficient to cover in full all Subscription Price payments at the time any such payment is charged against any such credit card. End User acknowledges and agrees that CarMD reserves the right to add a processing fee of up to three percent (3%) on any payment that End User makes by credit card, which such surcharge shall appear on the electronic invoice as a “credit card surcharge”. End User further agrees to update its credit card information as necessary so that End User’s representations hereunder are, and continue to be, true and accurate. End User acknowledges that CarMD may use third-party providers to process End User’s credit card payments. End User agrees that CarMD is authorized periodically to request and obtain from third-party credit reporting agencies such information about End User’s credit and payment history as may be deemed by CarMD to be necessary in order for CarMD to approve End User’s request to make payments against invoices.

3. Sales/Use Taxes.
End User acknowledges and agrees that it is solely responsible for paying and reporting all federal, state and local sales or use taxes, however designated, levied or based (whether as sales, use, special levy, VAT, or otherwise) on account of the purchase of the Subscriptions, or other use of the APP, by End User (exclusive of taxes based solely on net income derived by CarMD) (herein, “Sales/Use Taxes”). End User agrees to hold CarMD harmless from all claims and liability arising in connection with End User’s failure to report or pay any Sales/Use Taxes. End User acknowledges and agrees that CarMD may calculate and add to End User’s invoice(s) for each payment, such Sales/Use Taxes that CarMD believes to be payable based on the information provided to CarMD by End User. End User agrees to pay in full such Sales/Use Taxes shown on the invoice at the time End User pays the Subscription Price. End User acknowledges that CarMD may withhold and pay (or may use a third-party provider(s) to calculate, withhold and pay) Sales/Use Taxes on End User’s account. If End User believes that End User is not obligated to pay any such Sales/Use Taxes, End User acknowledges and agrees that its sole recourse is to directly contact the relevant tax agency to request a refund or credit. End User shall indemnify CarMD and hold CarMD harmless from any costs, expenses or damages that may result from CarMD’s calculation, withholding or payment of Sales/Use Taxes on End User’s account.

4. Default by End User.

  1. CarMD may disable or terminate End Users CarMD PRO SCAN account if End User’s payments are late or otherwise overdue. Notwithstanding CarMD’s temporary disabling or termination of End User’s account pursuant to this section, CarMD reserves the right to collect the full Subscription Price in the event of late or overdue payments.
  2. In the event of early termination of a Subscription, the Services or the Agreement, the End User shall not be entitled to a refund of any Subscription fees that it has paid. If End User terminates the Service or any Subscription prior to the end of any applicable Term(s), all the unpaid portion of the Subscription Price for such term(s) shall be immediately due and payable. End User hereby authorizes CarMD to debit from End User’s account (bank, credit card) the entire amount of any such unpaid Subscription fees.
  3. All remedies of CarMD hereunder are cumulative and may, to the extent permitted by law, be exercised concurrently or consecutively and jointly or severally, and the exercise of any one remedy shall not be deemed to be an election of such remedy to preclude the exercise of any other remedy. No failure on the part of CarMD to exercise, and no delay in exercising any right or remedy hereunder, shall operate as a waiver thereof; nor shall any single or partial exercise by CarMD of any right or remedy hereunder preclude any other or further exercise of any partially exercised right or remedy. In addition to any amounts claimed or received hereunder, in the event of breach by End User of any payment or other obligations hereunder, CarMD shall be entitled to an award of costs and reasonable attorneys’ fees incurred in successfully prosecuting or defending any legal action brought to enforce any term of this Subscription Agreement.

5. Miscellaneous

  1. In addition to the initial T&C’s, the parties may enter into one or more additional T&C’s, each of which, to be effective, must be in writing and signed or otherwise authenticated by End User. Electronic and fax documents are considered to be in writing for this purpose.
  2. All terms and conditions in the Terms of Use and End User License Agreement are automatically incorporated into, and deemed part of, the T&C’s and this CarMD PRO SCAN Subscription Agreement.
  3. This CarMD PRO SCAN Mobile Application Subscription Agreement, and all T&C’s and any Additional Terms completed and approved hereunder, together with the Privacy Policy Terms of Use and End User License Agreement and License Grant constitutes the complete and exclusive agreement between the parties regarding the subject matter hereof and supersedes all other prior and contemporaneous written or verbal agreements or communications with respect to the subject matter hereof. In the event of a direct conflict between the terms of this CarMD PRO SCAN Subscription Agreement and the terms of the then-current Terms of Use and End User License Agreement, the terms of this CarMD PRO SCAN Subscription Agreement shall control.
  4. Any provisions contained in End User’s own purchase order forms, such as preprinted terms and conditions typically found on their reverse side, shall not apply and are superseded in their entirety by the provisions of this CarMD PRO SCAN Subscription Agreement.

THIS SUBSCRIPTION AGREEMENT, INCLUDING THE T&C’S AS WELL AS THE TERMS OF USE AND THE END USER LICENSE AGREEMENT APPENDED HERETO, SHALL BE BINDING AND EFFECTIVE WHEN THE SUBSCRIPTION AGREEMENT IS EXECUTED BY AN AUTHORIZED SIGNATORY FOR BOTH THE DESIGNATED END USER AND CarMD.com CORPORATION.

Section Two

Terms of Use and End User License Agreement

Terms of Use

CarMD.com Corporation, together with its Affiliates (referred to as “CarMD”), provides the CarMD PRO SCAN solution, the service that you will use, or are using to access CarMD PRO SCAN Website (the “Site”); the mobile application (the “App”); the Content (as defined below); and related information, hardware and services (“Related Services”) (collectively, CarMD PRO SCAN solution, the Site, the App, the Content and the Related Services are referred to as the “Service”) subject expressly to your continued compliance with all terms and conditions in this Terms of Use and End User License Agreement (the “Terms of Use Agreement”) as well as with any other applicable agreement between you and CarMD and any of its Affiliates. Your use of the Service, or any portion thereof, is subject to posted guidelines or rules applicable to the Service, which are hereby incorporated by reference into this Terms of Use Agreement and End User License. As used in this Terms of Use and End User License agreement, “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.

Description of CarMD PRO SCAN

CarMD is a data solutions company offering a variety of proprietary services to benefit the end business user. Its CarMD PRO SCAN solution offers automotive aftermarket repair solutions and portal services through the use of included hardware to provide advice and expertise to manage aspects of vehicle ownership and driver behavior, including:

  • Vehicle Diagnostics
  • Most Likely Fix
  • Predicted cost of ownership
  • Vehicle Maintenance
  • TSB’s and Recalls

End User License Agreement

This is an End User License Agreement (EULA) between you, as the End User of CarMD PRO SCAN Service, and CarMD.com Corporation (CarMD) (including its Affiliates), for the use of the Service, including any associated executable code, all associated media, reports, upgrades, updates, patches, plug-ins, supplemental applications, printed materials, files, data, documentation, any CarMD PRO SCAN – created skins and any software updates, add-on components, web services and/or supplements provided to you or made available to you as part of the APP, the Service, or otherwise through the CarMD website, as well as all related online services and information provided by CarMD its distributors and its Affiliates (referred to collectively as the “Content”), to the extent that such items are not accompanied by a separate license agreement or terms of use.

If you do not agree to the terms of this EULA, CarMD and its Affiliates are unwilling to license the use of the Service or the Content to you. In that event  its Distributors, you may not use the Site or install, copy, download or otherwise use the App, the Content or any other portion of the Service.

Instructions for installing the device on your vehicle and opening the CarMD Pro Scan APP are available at https://www.carmd.com/support/proscan/

BY INSTALLING A VEHICLE DATA ACQUISITION, THE DEVICE and/or THE CarMD PRO SCAN APP, COMPLETING THE END-USER REGISTRATION PROCESS, OR USING CarMD PRO SCAN SERVICES, YOU: (1) AGREE TO BE BOUND IMMEDIATELY BY THESE TERMS OF THIS EULA; AND (2) CONSENT TO OUR COLLECTION, USE, DISCLOSURE AND OTHER HANDLING OF INFORMATION AS DESCRIBED IN THE CarMD PRO SCAN PRIVACY POLICY AVAILABLE AT THE https://www.carmd.com/privacy-policy/ (THE “PRIVACY POLICY”). IF YOU DO NOT WANT TO BE BOUND BY THE TERMS OF THIS EULA OR DO NOT CONSENT TO THE ACTIVITIES, AUTHORIZED IN THE PRIVACY POLICY, YOU MUST NOT CLICK THE ACCEPTANCE BUTTON OR INSTALL, COPY, DOWNLOAD, ACCESS, OR USE THE CONTENT, AND YOU MUST IMMEDIATELY EXIT THE SITE AND UNINSTALL THE DEVICE AND THE APP.

IF YOU ARE DISSATISFIED WITH CarMD PRO SCAN APP OR SERVICE, YOUR SOLE REMEDY IS TO STOP USING CarMD PRO SCAN APP AND SERVICE.

The CarMD website (the “Site”) includes Content that is protected by copyright, which is and shall remain the property of CarMD, or its Affiliates, as applicable. No Content may be compiled, duplicated, sold, distributed or utilized in any manner not expressly permitted herein without the prior written consent of CarMD.com Corporation, or its Affiliates as applicable. Parties interested in distributing or licensing the APP, the Service or Content for other uses should contact CarMD. This EULA applies to any products or services provided by CARMD or its affiliates as part of the APP, the Service, or through the site.

BY CLICKING THE ACCEPTANCE BUTTON OR INSTALLING OR USING THE PRODUCT OR THE APP, YOU ELECTRONICALLY AGREE ON BEHALF OF YOURSELF AND THE ENTITY YOU REPRESENT (IF APPLICABLE) THAT YOU AND SUCH ENTITY ARE LEGALLY BOUND BY, AND YOU ARE BECOMING A PARTY TO THIS EULA, INCLUDING THE CARMD PRO SCAN SUBSCRIPTION AGREEMENT, TERMS OF USE< PRIVACY POLICY AND LICENSE GRANT, AS END USER. YOU ALSO AGREE TO RECEIVE NOTICES, TERMS AND INFORMATION FROM CarMD ELECTRONICALLY.

The CarMD PRO SCAN APP Site and the Service also contain or provide Content supplied by and/or owned by CarMD or its Affiliates. CarMD or its authorized reseller may have sold or otherwise provided you with a wireless device (“Hardware”) that enables you to access the Site and use the APP and the Service and the Content. CarMD provides access to the CarMD SDK of 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 Hardware, that this EULA does not modify or amend any such Hardware related agreement.

You further acknowledge and agree that APP and Site Content is for informational purposes only, for use in conjunction with a regularly scheduled vehicle maintenance program. 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.

CarMD PRO SCAN APP and Content made available through the Site are meant to provide a basic overview of probable causes related to 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. . Cost estimates may be provided and are based on parts and labor costs broken down by U.S. region. Cost estimates associated with the probable fixes/solutions 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 any service recommended by a qualified technician, solely because of something you read on the APP or the Site or a diagnostic trouble code (DTC) you received from any Hardware, App or the Site. 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.

If you have an automotive emergency, safely pull to the side of the road and call a qualified roadside maintenance service.

License Grant

1. USE OF CarMD PRO SCAN CONTENTS OR SERVICES

Subject to your continuing compliance with the terms and conditions of this EULA, the Subscription Agreement and   all other terms and conditions associated with your use of CarMD PRO SCAN APP, CarMD.com Corporation (CarMD) hereby grants you a conditional, limited, personal, non-exclusive, and non-transferable license to access the Site VIA the APP and to use the Service and Content as defined below. A single registered copy of Content may be installed on a single mobile processing service or on a single computer. THIS IS NOT A CONCURRENT USE LICENSE. You may not share any login information or access credentials to any third party.

2. RESTRICTIONS ON USE

You may not: (i) modify or create any derivative works of Content; (ii) compile, or associated with decompile, disassemble, or reverse engineer, any content, or otherwise attempt to (a) derive the source code, underlying ideas, algorithms, structure or organization of the Content, (b) defeat, avoid, bypass, remove, deactivate or otherwise circumvent any software protection mechanisms in or associated with the Content (except to the extent applicable laws specifically prohibit such restriction), or (c) retrieve, compile, or mine data associated with the Content and 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 the applicable fees, or by any manner or method other than using the license key for CarMD PRO SCAN 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 or Content in a timesharing, service bureau, application service provider, or similar business arrangement; or (vi) remove or alter any trademark, trade name, logo, copyright or other proprietary notices, legends, symbols or labels in the Content. The CarMD PRO SCAN-produced skins that are provided with the Service may only be used with CarMD PRO SCAN SERVICE and may not be used with any other software or other third-party product or service.

3. COMPLIANCE WITH APPLICABLE LAWS

You agree that the APP, the Service, any mobile device or other Hardware, and any vehicle, operatively associated with  the Service  will be operated and  used in accordance with all Federal, State and local laws, including data privacy laws. You are strictly responsible for knowing and understanding the relevant Federal, State and local laws that apply to your personal use of the APP and the Service.

4. TERMINATION

If you breach this EULA, your right to access and use the Service and Content shall terminate immediately and without notice. The respective rights and obligations of CarMD; including its Affiliates, and you under the terms of Sections 2 (“Restrictions on Use”), 3 (“Compliance with Applicable Laws”), 4 (“Termination”), 5 (“Proprietary Rights”), 6 (“Indemnification”),7 (“Disclaimer of warranty for the service”), 8 (“Limitation of Liability”), 10 External websities and applications, 11 (“Injunctive Relief”) 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 destroy all copies of the any Content, and any derivatives thereof that you may have in your possession, custody or control.

5. PROPRIETARY RIGHTS

Title, ownership rights, and intellectual property rights in the Content shall remain in CarMD and/or its Affiliates, licensors and suppliers. You acknowledge their ownership of such intellectual property rights and you agree that you will not take any action to jeopardize, limit or interfere in any manner with CarMD, or its Affiliates’, licensors’ or other suppliers’ ownership of intellectual property rights with respect to the APP, the Service and the Content. The APP, the service and for the Content is protected by patents, copyrights and other intellectual property laws and by international treaties. All trademarks and service marks (herein, collectively “trademarks”) used in connection with the Service are owned by CarMD, or its Affiliates, and no license to use any such trademark is provided hereunder. You agree that CarMD may use in any manner and without limitation all comments, suggestions, complaints and other feedback you as End User provide relating to the Service.

6. INDEMNIFICATION

You agree to indemnify, hold harmless, and at CarMD’s request, to defend CarMD, , Distributors and its Affiliates from any and all costs, damages and reasonable attorneys’ fees resulting from any breach by you of this EULA, or any claim that your use of the APP, the Service or Content has injured or otherwise violated any right of any third party, or otherwise violates any law.

7. DISCLAIMER OF WARRANTY FOR THE SERVICE
THE SERVICE, THE SITE, THE APP AND THE CONTENT ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTIES OR REPRESENTATIVES OF ANY KIND, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. CARMD, ITS AFFILIATES, DISTRIBUTORS LICENSORS AND OTHER SUPPLIERS DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING  WARRANTIES THAT THE SERVICE OR ANY CONTENT IS FREE OF DEFECTS, VIRUS FREE, OR ABLE TO OPERATE ON AN UNINTERRUPTED BASIS; THAT THE FUNCTIONALITY OF THE SERVICE WILL MEET YOUR REQUIREMENTS; OR THAT ERRORS IN THE SERVICE OR CONTENT WILL BE CORRECTED;   THAT THE SERVICE IS MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, RECEIVE OR FIT FOR A PARTICULAR PURPOSE OR THAT THE SERVICE IS NEED; OR NON-INFRINGING, UNLESS SUCH  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, DISTRIBUTORS, LICENSORS OR SUPPLIERS, OR ANY CARMD PRO SCAN 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 WILL HAVE NO LIABILITY WITH RESPECT TO YOUR USE OF THE APP AND THE SERVICE. YOU BEAR THE ENTIRE RISK AS TO QUALITY AND PERFORMANCE AND ASSUME THE ENTIRE COST OF ANY SERVICE AND REPAIR ARISING IN CONNECTION WITH USE OF THE SERVICE. THIS DISCLAIMER OF WARRANTY CONSTITUTES AN ESSENTIAL PART OF THIS EULA. NO USE OF THE SERVICE OR ANY CONTENT IS AUTHORIZED HEREUNDER EXCEPT UNDER THIS DISCLAIMER.

8. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL CARMD, ITS AFFILIATES OR ITS DISTRIBUTORS BE LIABLE FOR ANY CLAIMS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY WAY RELATING TO THIS AGREEMENT, OR YOUR USE OF THE APP OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, MOBILE DEVICE FAILURE OR MALFUNCTION, OR ANY AND ALL OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF CARMD OR ANY OF ITS AFFILIATES OR REPRESENTATIVES 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. IN ANY CASE, CARMD, ITS AFFILIATES AND ITS DISTRIBUTORS ENTIRE COLLECTIVE LIABILITY UNDER  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 CONTENT OR PROVISION OF A REASONABLY SIMILAR SERVICE, AS DETERMINED AT CARMD’S SOLE DISCRETION, WITH THE EXCEPTION OF DEATH OR PERSONAL INJURY DETERMINED TO BE CAUSED BY THE NEGLIGENCE OF CARMD OR ITS AFFILIATES, BUT THEN SOLELY TO THE EXTENT 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. ADDITIONALLY, CARMD , ITS AFFILIATES, AND ITS DISTRIBUTORS SHALL NOT BE LIABLE FOR ANY CLAIMS OR DAMAGES ARISING OUT OF: (i) CONTENT PROVIDED BY YOU OR A THIRD PARTY THAT IS ACCESSED THROUGH OR USED WITH THE SERVICE AND/OR ANY MATERIAL LINKED TO ANY CONTENT; (ii) THE USE OR OPERATION OF ANY THIRD PARTY  DONGLE OR OTHER DEVICE TO ACCESS, RETRIEVE, OR COMMUNICATE INFORMATION BETWEEN THE VEHICLE AND THE CARMD PRO SCAN WEBSITE; OR (iii) THE USE OF PLUG-INS OR SKINS DEVELOPED BY THIRD PARTIES AND MADE AVAILABLE ON THE CARMD PRO SCAN WEBSITE FOR USE WITH THE SERVICE; OR (iv) ANY DAMAGE CAUSED BY IMPROPER OR IMPRUDENT USE OF THE SERVICE, ANY DEVICE FOR PROVIDING THE SERVICE OR ANY CONTENT, INCLUDING USE WHILE DRIVING; OR (v) INTERFERENCE OR DAMAGE TO YOUR WIRELESS DEVICES OR ANY OTHER WIRELESS DEVICES OPERATING IN CLOSE PROXIMITY TO YOU.

9. MOBILE DEVICE DATA USAGE

The APP and 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 by using the Service.

10.EXTERNAL WEBSITE AND APPLICATIONS

The App may include links to external websites or applications. When you follow such links the external website or application may appear as a full screen (in which case you will need to use the Device button to return to this App) or in some cases it may appear within the frame of this App (in which case you will be able to return to this App by using the navigation buttons within the frame or this App). These links are provided in order to help you find relevant websites, applications, services and/or products which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites or applications are suitable for your purposes. Jiffy Lube, its affiliates, officers, directors, employees, agents, licensors and suppliers are not responsible for the owners or operators of these applications or websites or for any goods or services they supply or for the content of their websites or applications and does not give or enter into any conditions, warranties or other terms or representations in relation to any of these or accept any liability in relation to any of these (including any liability arising out of any claim that the content of any external website or application to which this App includes a link infringes the intellectual property rights of any third party).

11. 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, its Affiliates, or its distributors irreparable damage for which recovery of monetary damages would be inadequate and that CarMD, its Affiliates, or its distributors, therefore may obtain timely injunctive relief to protect its rights under this EULA, without the need to post any bond, in addition to any and all other remedies available at law or in equity.

12. MISCELLANEOUS
This EULA, including the accompanying terms and conditions, 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. 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 herein. 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) or interruption of service resulting directly or indirectly from any cause beyond its reasonable control. This EULA is the complete statement of the agreement and supersedes any proposal or prior communications between CarMD or any of its Affiliates, or its distributors, and you relating to the subject matter of this EULA, and this EULA may only be modified by a written amendment signed by an authorized representatives of both parties. These Terms and Conditions of Use are governed by and to be interpreted in accordance with the laws and regulations of the State of Texas and in the event of any dispute arising in relation to these terms and conditions or any dispute arising in relation to the App and/or the OBD the federal and/or state courts in Harris County, Texas will have non-exclusive jurisdiction over such dispute.

13. PATENTS
Patents owned by CarMD, which may be used in connection with CarMD PRO SCAN APP 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 or trademark of CarMD or any of its Affiliates, except as expressly provided herein.

14. MODIFICATIONS, INTERRUPTION OR DISCONTINUATION

CarMD reserves the right in its sole discretion to either modify, disable or discontinue the Service, including 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, the addition of fee-based services, and the manner of providing or operating the APP or the Service. Any new features that supplement, enhance or otherwise change the then current Service, and your use thereof, shall also be 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, its Affiliates, and its distributors 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 our control.

You understand and agree that CarMD assumes no responsibility for the timeliness, deletion, misdelivery or failure to store any user communications or personalization settings.

Copyright and Trademark Notices

All content, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material, on the CarMD PRO SCAN website are protected under U.S. and International copyright laws, or Copyright© 2017-2019 CarMD.com Corporation 17352 Von Karman Avenue, Irvine, CA 92614 All rights reserved, or are otherwise owned by CarMD’s Affiliates and protected under applicable laws. Copyright and other intellectual property laws and treaties protect any Hardware, 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 and the use thereof. The CarMD PRO SCAN trademark is a registered trademark of Innova Electronics Corporation e. Other names of companies and products mentioned herein may be registered trademarks of their respective owners. Any rights not expressly granted herein are reserved.

Contact Information

Do you have questions or comments regarding this website or our policies? Please contact:

CarMD.com Corporation

17352 Von Karman Avenue

Irvine, California 92614