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myEZCarCare, LLC TERMS OF USE:
BY CLICKING ON THE BOX ACCEPTING THE TERMS AND CONDITIONS, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE AGREEMENT GOVERNING YOUR USE OF THE MYEZ CAR CARE SERVICE, MYEZ CAR CARE LLC ("SERVICE"). IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS YOU OR YOUR SHALL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, YOU MUST NOT SELECT THE ACCEPT" BUTTON AND MAY NOT USE THE SERVICE.
Welcome
As part of the Service, MyEZ Car Care, LLC will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the MyEZ Car Care, LLC website incorporated by reference herein, including but not limited to MyEZ Car Care LLC's privacy and security policies. For reference, a Definitions section is included at the end of this Agreement.
1. Privacy & Security
myEZ Car Care, LLC's privacy and security policies may be viewed separately on this web site. MyEZ Car Care, LLC reserves the right to modify its privacy and security policies in its reasonable discretion from time to time. Paid subscribers may opt out of receiving email communications at any time by selecting "Unsubscribe" on any email communication or by Contacting Us with their request. Note that because the Service is a hosted, online application, MyEZ Car Care, LLC occasionally may need to notify all users of the Service (whether or not they have opted out as described above) of important announcements regarding the operation of the Service.
2. License Grant & Restrictions
myEZ Car Care, LLC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own personal use, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by MyEZ Car Care, LLC and its licensors.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet links to the Service or frame or mirror any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses may be shared or used by more than one Member of a household.
3. Your Responsibilities
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify MyEZ Car Care, LLC immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to MyEZ Car Care, LLC immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another MyEZ Car Care, LLC user or provide false identity information to gain access to or use the Service.
4. Account Information and Data
MyEZ Car Care, LLC does not own any data, information or material that you submit to the Service in the course of using the Service (Customer Data), though we may utilize the Customer Data to perform aggregate reporting of all User data and we may disclose it to our partners such as Dealers, Service Providers, Auto Finance Companies, Sellers, affiliate companies, business partners that help market our products or offer valuable products or services and other carefully selected third parties. You, not myEZCarCare, LLC, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of the Customer Data and myEZCarCare, LLC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. myEZCarCare, LLC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and myEZCarCare, LLC shall have no obligation to maintain or forward any Customer Data. Upon expiration of a Trial Period, if any, your right to access or use Customer Data will cease within 60 days, and myEZCarCare, LLC shall have no obligation to maintain or forward any Customer Data.
5. Intellectual Property Ownership
myEZCarCare, LLC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the myEZCarCare, LLC Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the myEZCarCare, LLC Technology or the Intellectual Property Rights owned by myEZCarCare, LLC. The myEZCarCare, LLC name, the myEZCarCare, LLC logo, the Electronic Glove Box® name and logo and the product names associated with the Service are trademarks of myEZCarCare, LLC or third parties, and no right or license is granted to use them.
6. Third Party Interactions
During use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through or in conjunction with the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. myEZCarCare, LLC and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party. myEZCarCare, LLC does not endorse any sites on the Internet that are linked through the Service. myEZCarCare, LLC provides these links to you only as a matter of convenience, and in no event shall MyEZCarCare, LLC or its licensors be responsible for any content, products, or other materials on or available from such sites. myEZCarCare, LLC provides the Service to you pursuant to the terms and conditions of this Agreement. You recognize, however, that certain third-party providers of ancillary software, hardware or services may require your agreement to additional or different license or other terms prior to your use of or access to such software, hardware or services.
Those members having roadside assistance benefits as part of their membership plan agree to have those benefits provided and administered by the third party roadside assistance service provider selected by myEZCarCare, LLC, in its sole discretion. Roadside assistance benefits are those benefits detailed at this Premium Services page.
7. Charges and Payment of Fees
If you were provided a Membership by a myEZ Car Care, LLC business partner as part of their product offering such as a Credit Union, Bank, Finance Company, Extended Service Provider, GPS or other provider, there is no fee due for the term of membership indicated on our initial communication to you. At the end of your initial term, you will have the opportunity to renew, at which time you will be responsible for a renewal fee, if any. You shall pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. The initial charges will be based upon the Initial Term and Product or Program Level you selected. Payments may be made annually or consistent with the Initial Term if greater than annually, at your election, and are non-refundable, except as provided in the Refund Policy contained herein. myEZCarCare, LLC reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 90 days prior notice to you, which notice may be provided by e-mail.
8. Billing and Renewal
myEZCarCare, LLC charges and collects in advance for use of the Service. myEZCarCare, LLC will not automatically renew and bill your credit card at the conclusion of the Initial Term unless you authorize us to do so. It is your responsibility to renew in order to assure continued access to your Account. myEZCarCare, LLC will notify you at least 60 days prior to the conclusion of the Initial or Renewal Term to indicate pending Expiration. myEZCarCare, LLC's fees are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties.
You agree to provide myEZCarCare, LLC with complete and accurate billing and contact information. This information includes your legal name, street address, e-mail address, and name and telephone number of an authorized billing contact. If the contact information you have provided is false or fraudulent, myEZCarCare, LLC reserves the right to terminate your access to the Service in addition to any other legal remedies.
Unless myEZCarCare, LLC in its discretion determines otherwise: (i) Users in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes (U.S. Customers); (ii) Users in Canada will be billed in Canadian dollars; (iii) all other entities will be billed in U.S. dollars and be subject to either U.S. payment terms and pricing schemes or local payment terms and pricing schemes at the discretion of MyEZCarCare, LLC.
If you believe your bill is incorrect, you must contact us in writing within 60 days of the payment date containing the amount in question to be eligible to receive an adjustment or credit.
9. Non-Payment and Suspension
In addition to any other rights granted to myEZCarCare, LLC herein, myEZCarCare, LLC reserves the right to suspend or terminate this Agreement and your access to the Service if your account Term expires. If you or myEZCarCare, LLC initiates termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that myEZCarCare, LLC may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.
10. Termination upon Expiration
Upon the expiration of the Initial Term, this Agreement will not automatically renew, however you will have the option to renew and you must notify myEZCarCare, LLC of your intention to renew and pay the appropriate fee for your membership to not lapse. In the case of free trials, notifications provided through the Service indicating the remaining number of days in the free trial shall constitute notice of termination. You agree and acknowledge that myEZCarCare, LLC has no obligation to retain the Customer Data, and may delete such Customer Data, more than 60 days after termination.
11. Termination for Cause
Any breach of your payment obligations or unauthorized use of the myEZCarCare, LLC Technology or Service will be deemed a material breach of this Agreement. myEZCarCare, LLC, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, myEZCarCare, LLC may terminate a free account, if provided directly by myEZ Car Care, LLC, at any time in its sole discretion. You agree and acknowledge that myEZCarCare, LLC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach, which notice, as all notices by myEZCarCare, LLC, may be given by email.
12. Refunds
Once the User has paid for access to the Service for an Initial or Renewal Term, refunds, less a $10 administrative fee, will only be allowed during the first 30 days of service as long as no service provider discounts have been given or used. After the initial 30 days no refunds will be granted for use of the Service, except in the case of failure of the Service to perform its basic functions outside of this Agreement at the sole discretion of myEZCarCare, LLC. In the event a Program is financed, pro-rata refunds of the amount paid to myEZCarCare, LLC are allowed by the financing source at any time during the term of the Agreement, less a $20 administrative fee. Refund requests must include the original Membership Card or in the case of financing source cancellation, evidence of repossession or contract termination, and should be sent to myEZ Car Care, LLC at the address indicated in the Definitions section of this Agreement.
13. Representations & Warranties
Each party represents and warrants that it has the legal power and authority to enter into this Agreement. myEZCarCare, LLC represents and warrants that it will provide the Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that the Service will perform substantially in accordance with the online myEZCarCare, LLC help documentation under normal use and circumstances. You represent and warrant that you have not falsely identified yourself nor provided any false information to gain access to the Service and that your account contains correct vehicle and contact information.
14. Disclaimer of Warranties
MYEZCARCARE, LLC AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT. MYEZCARCARE, LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) THE DATA OR INFORMATION RECEIVED FROM BUSINESS PARTNERS, SERVICE PROVIDERS OR DEALERSHIPS WILL BE RECEIVED ACCURATELY OR TIMELY, (F) ERRORS OR DEFECTS WILL BE CORRECTED OR (G) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, MYEZCARCARE, LLC AND ITS LICENSORS DO NOT REPRESENT OR WARRANT (A) THE PREVENTIVE OR SCHEDULED MAINTENANCE SERVICES OR ANY OTHER MAINTENANCE OR REPAIR SERVICES RENDERED ON MEMBER OR USER VEHICLES OR (B) THE ADEQUACY OR TIMELINESS OF SCHEDULING OF REMINDERS OR INTERVALS FOR MAINTENANCE AND OTHER SERVICES AS IT IS THE USERS RESPONSIBILITY TO HAVE MAINTENANCE PERFORMED AT INTERVALS THAT CORRESPOND TO THE USER'S DRIVING HABITS AND CONDITIONS AS WELL AS THE CONDITIONS OF THE VEHICLE AND ITS EQUIPMENT AS WELL AS THE MANUFACTURER'S RECOMMENDATIONS. THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN AS IS BASIS. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY MYEZCARCARE, LLC AND ITS LICENSORS.
15. Internet Delays
MYEZCARCARE, LLC'S SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATIONS. MYEZCARCARE, LLC IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
16. Limitation of Liability
IN NO EVENT SHALL EITHER PARTYS AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE IN THE CONTENT, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTYS LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
17. Additional Rights
Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental, consequential or certain other types of damages, so the exclusions set forth above may not apply to you.
18. Local Laws and Export Control
This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site (User) acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to countries as to which the United States and/or the European Union maintains an embargo (collectively, Embargoed Countries), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasurys List of Specially Designated Nationals or the U.S. Department of Commerces Table of Denial Orders (collectively, Designated Nationals). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using the Service, you represent and warrant that you are not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. You agree to comply strictly with all U.S. and European Union export laws and assume sole responsibility for obtaining licenses to export or re-export as may be required.
This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000
myEZCarCare, LLC and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorized by the United States government or appropriate European body for such purposes.
19. Notice
myEZCarCare, LLC may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in myEZCarCare, LLC's account information, or by written communication sent by first class mail or pre-paid post to your address on record in myEZCarCare, LLC's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to myEZCarCare, LLC (such notice shall be deemed given when received by myEZCarCare, LLC) at any time by any of the following: letter delivered by nationally recognized overnight delivery service or first class postage prepaid mail to myEZCarCare, LLC at the following address: 304 Garden Road, River Ridge, LA 70123, addressed to the attention of: Chief Financial Officer.
20. Modification to Terms
myEZCarCare, LLC reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service at any time, effective upon posting of an updated version of this Agreement on the Service. The last update date appears at the bottom of this Agreement for your easy reference. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.
21. Assignment
This Agreement may not be assigned by you without the prior written approval of myEZCarCare, LLC but may be assigned without your consent by myEZCarCare, LLC to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.
22. General
With respect to U.S. Customers and Non-U.S. Customers, this Agreement shall be governed by Louisiana law and controlling United States federal law, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the state and federal courts located in River Ridge, Louisiana. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and myEZCarCare, LLC as a result of this agreement or use of the Service. The failure of myEZCarCare, LLC to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by myEZCarCare, LLC in writing. This Agreement, together with any applicable Customer Agreement, or Order Form, comprises the entire agreement between you and myEZCarCare, LLC and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
23. Definitions
As used in this Agreement and in any Customer Agreement now or hereafter associated herewith: Agreement means these online terms of use, whether written or submitted online via the Online Order Center, and any materials available on the myEZCarCare, LLC website specifically incorporated by reference herein, as such materials, including the terms of this Agreement, may be updated by myEZCarCare, LLC from time to time in its sole discretion; Content means the audio and visual information, documents, software, products, member discounts and services contained or made available to you in the course of using the Service; Customer Data means any data, information, dates, activities such as reminders or material provided or submitted by you, a service provider, seller of a Program or auto dealership to the Service in the course of using the Service; Effective Date means the earlier of either the date this Agreement is accepted by selecting the I Accept option presented on the screen after this Agreement is displayed or the date you begin using the Service; Initial Term means (i) the initial period during which you are obligated to pay for the Service equal to the billing frequency selected by you during the subscription process, or (ii) the initial period that the Service is provided to you on a complimentary basis by a myEZ Car Care, LLC business partner; Intellectual Property Rights means unpatented inventions, patent applications, patents, design rights, copyrights, trademarks, service marks, trade names, domain name rights, mask work rights, know-how and other trade secret rights, and all other intellectual property rights, derivatives thereof, and forms of protection of a similar nature anywhere in the world; License Administrator(s) means those Users designated by you who are authorized to purchase licenses online using the Online Order Center or by executing written Order Forms and to create User accounts and otherwise administer your use of the Service; License Term(s) means the period(s) during which a specified number of Users are licensed to use the Service pursuant to the Order Form(s); Order Form(s) means the form evidencing the initial subscription for the Service and any subsequent order forms submitted online or in written form, specifying, among other things, the number of licenses and other services contracted for, the applicable fees, the billing period, and other charges as agreed to between the parties, each such Order Form to be incorporated into and to become a part of this Agreement (in the event of any conflict between the terms of this Agreement and the terms of any such Order Form, the terms of this Agreement shall prevail); Online Order Center means myEZCarCare, LLC's online application that allows the License Administrator designated by you to, among other things, purchase or upgrade memberships and add additional Users or vehicles to the Service; myEZCarCare, LLC means collectively myEZCarCare, LLC, a Louisiana Limited Liability Company, having its principal place of business at 304 Garden Road, River Ridge, LA 70123; myEZCarCare, LLC Technology means all of myEZCarCare, LLC's proprietary technology and processes (including software, hardware, products, processes, forms, algorithms, user interfaces, know-how, techniques, designs and other tangible or intangible technical material or information) made available to you by myEZCarCare, LLC in providing the Service as well as its network and infrastructure of service providers that offer valuable discounts and other services to Members; Service(s) means the specific edition of myEZCarCare, LLC's online vehicle management and Scheduled Maintenance Service Plans (sometimes also referred to as Electronic Glove Box and/or Digital Auto Assistant) developed, operated, and maintained by myEZCarCare, LLC, accessible via http://www.myEZCarCare.com, http://vipserviceplus.com or another designated web site or IP address, and the service discounts available to members and ancillary services rendered to you by myEZCarCare, LLC, to which you are being granted access under this Agreement, including the myEZCarCare.com Technology and the Content; User(s) means you or members of your household who are authorized to use the Service and have been supplied user identifications and passwords by you (or by myEZCarCare, LLC at your request).
Questions or Additional Information:
If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail to [email protected].
Copyright 2004 MyEZ Car Care, LLC, Inc. All rights reserved. Updated February 11, 2015