TERMS OF USE FOR CHAIZ Inc. (“We,” “Us,” “Our”). For our separate Privacy Policy, please click here.
THESE TERMS OF USE APPLY TO THE WEBSITE WWW.CHAIZ.COM. PLEASE CAREFULLY READ THESE TERMS. BY USING THE SITE, YOU AGREE TO BE BOUND BY THESE TERMS, INCLUDING THE BINDING ARBITRATION CLAUSE IN SECTION 14 “ARBITRATION”, AND YOU ACKNOWLEDGE THAT YOU ARE AT LEAST 18 YEARS OF AGE. OTHERWISE, DO NOT USE THE WEBSITE IN ANY MANNER.
“Website” includes this website, including all of its content and policies, and any modifications, updates, enhancements, revisions, alterations, corrections and new features. We reserve the right to change the Website, including these Terms of Use, at any time at our sole discretion and without prior notice. All Terms of Use changes will be posted on the Website and are effective immediately. We recommend that you visit and review these Terms of Use frequently. The last date on which these Terms of Use have been updated is stated above.
2.1. Description. We provide, among other things described on the Website, vehicle service contract related services and various other vehicle related products and/or services. Some of these services are provided by Us, while others are provided by unrelated third parties (“Third Parties”). By way of example only, Third Parties may include vehicle service contract administration companies, vehicle service contract marketing companies and/or payment plan companies. We do not charge any fees for your access to the Website; however, We and the Third Parties may charge fees for your use of certain of Our or the Third Parties’ products and/or services that may be made available to you through the Website. Your purchase of any such products and/or services shall be subject to a separate agreement between you and Us or between you and a Third Party (each, a “Separate Agreement”). Notwithstanding anything to the contrary in these Terms, if you are a party to a Separate Agreement with Us or any Third Party, in the event of a conflict between any of the terms and/or provisions of these Terms of Use and any Separate Agreement, the terms and provisions of the Separate Agreement shall control. Furthermore, We are not a party to any Separate Agreement that you may enter into with a Third Party.
2.2. No Recommendations. Any listing of Third Parties on the Website, and/or your ability to “click through” to another website from the Website, and/or the forwarding of any information that you provide to the Website to a Third Party, does not constitute a recommendation by Us. You may choose to use or not to use the information contained on the Website and/or the products and/or services provided by the Website and/or any Third Party. We do not recommend or prefer that you use any particular Third Party. Any Third Party that contacts you is solely responsible for its products and/or services to you, and you agree that We and any of our affiliates shall not be liable for any damages or costs of any type arising out of or in any way connected with your use or purchase of any Third Party’s products and/services or any act or failure to act of any Third Party. Furthermore, We do not guarantee that the terms or rates offered and/or made available to you by Us or any Third Party will be the best or lowest terms or rates available in the market.
2.3. Information Forwarding. In the course of using the Website, you may elect to enter certain information. You agree to provide Us with correct information, and to promptly provide Us with updates to such information as may be necessary or appropriate. You authorize Us to forward your information to one or more Third Parties. You also authorize Us to use the information provided by you in the manner described in Our Privacy Policy. You understand and agree that any Third Party that receives your information may keep and use that information, whether or not you complete a transaction with the Third Party.
2.4. Contacting You. By providing information on the Website, you agree that We or a Third Party may contact you by telephone, email or by U.S. mail. You further agree that, prior to being contacted by Us or a Third Party, you may be contacted by telephone by a call center that may, among other things, verify your information and confirm your interest in speaking with Us or a Third Party. By providing your information on the Website or later on any phone calls: YOU ARE PROVIDING YOUR EXPRESS CONSENT TO RECEIVE TELEPHONE CALLS FROM THE CALL CENTERS, US AND THE THIRD PARTIES FOR THE PURPOSES DESCRIBED HEREIN REGARDLESS OF WHETHER YOU ARE ON ANY DO NOT CALL REGISTRIES. WHILE WE DO NOT DO ANY ROBO-DIALING, YOU GIVE US EXPRESS PERMISSION TO CALL YOU USING EQUIPMENT THAT COULD BE DEFINED AS AN AUTO-DIALER. DO NOT SUBMIT YOUR SELF-REPORTED INFORMATION IF YOU DO NOT CONSENT TO BEING CALLED BY A CALL CENTER, US AND/OR BY ONE OR MORE THIRD PARTIES.
2.5. Website Not an Offer. Nothing in the Website constitutes an offer or promise to make a specific service or product available to you or that any Third Party will make any service or product available to you. Please be aware that certain services or products may only be provided to residents of states where We or a Third Party is licensed and/or authorized, if required, to make such services or products available. By acquiring your information through the Website, We and the Third Parties are not attempting to sell services and/or products outside their authorized states or country. In addition, products and/or services may only be available for certain vehicles or vehicles that meet certain conditions.
The Website, including all text, logos or graphic images, is protected by copyright and trademark laws. The Website is Our property and/or third party licensors and all rights, titles and interests in the Website shall remain with such persons. You may not download and/or save a copy of any of the Website screens for any purpose; provided, however, you may print a copy of the information on the Website for your records.
4.1. Not Endorsements. A link from the Website to another website does not mean that We endorse or accept any responsibility for the content, functioning or use of such website, and you enter any such website at your own risk. It is your responsibility to take precautions to ensure that whatever websites or other online materials that you select for use are free of viruses and other items of a destructive nature. We disclaim any liability related to such sites.
4.2. Unauthorized Links. Unauthorized hypertext links to the Website or the framing of any content available through the Website is strictly prohibited. We may in our discretion disable any unauthorized links or frames.
The Website is for your personal use only. You will not (i) post on or transmit to the Website any false, defamatory, libelous, obscene, threatening, profane or unlawful materials or any materials that could constitute or encourage conduct that would be considered a criminal offense or give rise to civil liability; (ii) modify, distribute, transmit, perform, mirror, publish, create derivative works from, transfer, sell, lease, rent, sublicense, loan, share, give away or donate any information obtained from the Website; (iii) except as expressly permitted herein, copy, display or reproduce any information obtained from the Website; or (iv) use the Website in any manner that violates any laws, regulations, orders or other legal restrictions.
While not obligated to monitor your use, We reserve the right to monitor your use of the Website and to restrict or terminate your use or modify or remove any information found on the Website for any reason or no reason in Our sole discretion.
We reserve the right to terminate at any time, in Our sole discretion, the Website, your use of the Website, and/or your use of Our services for violating these Terms in any manner.
If you purchase a vehicle service contract from Us, we will issue a password to you to access details about your contract. You are not authorized to access this part of Our Website if you have not purchased a vehicle service contract.
To the extent permitted by applicable law, by sending any comments or materials to Us, including but not limited to questions, suggestions, ideas, postings, comments or the like, or posting Feedback to the Website, you grant Us a perpetual, non-revocable, transferable, unrestricted, non-exclusive, royalty-free, worldwide license to use the Feedback in any format or media now or hereafter known. We have no obligation with respect to such Feedback and We are free to modify, copy, publish, transmit, reproduce, use, exhibit, disclose, display, transform, create derivative works, distribute the Feedback to others and otherwise exploit the Feedback without limitation, in whole or in part, alone or in conjunction with other materials, as well as the right to attempt to do so or permit others to do so or attempt to do so, all without attribution. Further, We are free to use any ideas, concepts, know-how or techniques contained in such Feedback for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and/or services incorporating any Feedback.
We will investigate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2) (“DMCA”). Written notification of claimed copyright infringement should be submitted to legal@chaiz.com
THE WEBSITE AND ALL INFORMATION ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO TEXT, IMAGES, AND LINKS, AND THE INFORMATION ON ANY WEBSITES, WHETHER AFFILIATED OR UNAFFILIATED WITH US WHICH YOU MAY VISIT THROUGH THE WEBSITE, IS PROVIDED “AS IS” AS A CONVENIENCE TO ALL USERS, WITHOUT REPRESENTATION OR WARRANTY OF ANY KIND TO YOU OR ANY OTHER PERSON OR ENTITY, INCLUDING, BUT NOT LIMITED TO, ANY EXPRESS OR IMPLIED WARRANTIES (I) OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE; (II) OF INFORMATIONAL CONTENT OR ACCURACY; (III) OF NON-INFRINGEMENT; (IV) OF QUIET ENJOYMENT; (V) OF TITLE; (VI) THAT THE WEBSITE WILL OPERATE ERROR FREE, OR IN AN UNINTERRUPTED FASHION; (VII) THAT ANY DEFECTS OR ERRORS IN THE WEBSITE WILL BE CORRECTED; (VIII) THAT ALL PRODUCTS AND SERVICES OFFERED BY US OR THIRD PARTIES WILL BE AVAILABLE IN ALL MARKETS OR FOR ALL VEHICLES; OR (IX) THAT THE WEBSITE IS COMPATIBLE WITH ANY PARTICULAR HARDWARE OR SOFTWARE PLATFORM. EFFORTS BY US TO MODIFY THE WEBSITE SHALL NOT BE DEEMED A WAIVER OF THESE LIMITATIONS. IN THE EVENT YOUR JURISDICTION DOES NOT ALLOW OR LIMITS THE EXCLUSION OF VEHICLE SERVICE OR SIMILAR CONTRACTS, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
WE, and OUR UNITHOLDERS, MEMBERS, PARTNERS, DIRECTORS, MANAGERS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, ASSIGNS AND CONTENT AND SERVICE PROVIDERS ( “INDEMNIFIED PARTIES””) SHALL NOT BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY LOSS OF PROFITS, LOSS OF USE, INTERRUPTION OF BUSINESS, OR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, WHETHER UNDER THESE TERMS OF USE; AS A RESULT OF THE USE OF THE WEBSITE AND/OR THE SERVICES AND/OR PRODUCTS THAT MAY BE PROVIDED TO YOU BY US OR A THIRD PARTY IN CONNECTION WITH THE WEBSITE, UNDER ANY LAW OR REGULATION, INCLUDING BUT NOT LIMITED TO, ANY LOSSES ARISING OUT OF THE UNAUTHORIZED ACCESS TO YOUR PERSONAL INFORMATION, EVEN IF AN INDEMNIFIED PARTY WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND/OR WAS NEGLIGENT. THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE FORM OF ACTION, DAMAGE, CLAIM, LIABILITY, COST, EXPENSE OR LOSS, WHETHER IN CONTRACT, STATUTE, TORT OR OTHERWISE. IN JURISDICTIONS THAT PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY, LIABILITY HEREUNDER IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
To the extent permitted by applicable law, you will indemnify, defend and hold harmless each Indemnified Party from and against (and will pay upon demand each such Indemnified Party the amount of) any and all claims, losses, liabilities, suits, costs (including costs of investigation and defense), damages and expenses (including attorneys’ fees) made, suffered or incurred by any such Indemnified Party that results from, arises out of, relates to or is caused by any breach by you of any covenant, representation or warranty contained in these Terms of Use and/or your use of the Website. In connection with any suit, action or proceeding that may give rise to an obligation of you to indemnify an Indemnified Party as set forth above, We shall have the exclusive right, at its option, to defend, compromise and/or settle the suit, action or proceeding, and you shall be bound by the determination of any suit, action or proceeding so defended or any compromise or settlement so effected. The remedies provided in this section are not exclusive of and do not limit any other remedies that may be available to Us or any other party to be indemnified pursuant to this section.
You and We each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Claim”) arising out of or in connection with these Terms of Use, the Privacy Policy, your or Our rights and obligations under these Terms of Use or the Privacy Policy, the Website, the use of the Website, and/or the services and/or products that may be provided by or through or in connection with the Website. The arbitration will be held in New Jersey before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. Arbitration shall be governed by the Commercial Arbitration Rules of the American Arbitration Association and any Statement of Claims shall be filed in such venue in New Jersey. You and We agree on one arbitrator to conduct the arbitration and the arbitrator shall be selected pursuant to the applicable rules. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner taking any action that may cause irreparable harm to Us or violate Our intellectual property rights, We may seek injunctive or other appropriate relief in any state or federal court closest to South Plainfield, New Jersey, and you consent to exclusive jurisdiction and venue in any such courts.
Because all claims shall be resolved in arbitration per the above, YOU WILL NOT HAVE THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST US OR THIRD PARTY INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS MEANS THAT YOU WILL NOT HAVE THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
While we do not currently sell any vehicle service contracts in California, if you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
We make no claims that the Website may be lawfully viewed, accessed or used outside the United States. Access or use of the Website may not be legal by certain persons or in certain countries. If you access or use the Website from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
18.1. Severability. Except as otherwise expressly provided by these Terms of Use, if any provision of these Terms of Use shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If any provision of these Terms of Use is invalid or unenforceable, but that by limiting such provision it would become valid and enforceable, then such provision shall be deemed to be written, construed and enforced as so limited.
18.2. Waiver. The failure of Us to enforce any provision of these Terms of Use shall not be construed as a waiver or limitation of Our right to subsequently enforce and compel strict compliance with that provision or any other provision of these Terms of Use.
18.3. Parties in Interest. These Terms of Use shall be binding upon, inure to the benefit of, and be enforceable by the parties to these Terms of Use and their respective successors, heirs, legatees, personal representatives and permitted assigns. No assignment, delegation or other conveyance of these Terms of Use or of any rights or obligations hereunder may be made by you (by operation of law or otherwise) without Our prior written consent. We may assign our rights and obligations under these Terms of Use to any other party.
18.4. Headings. The headings and other captions in these Terms of Use are for convenience and reference only and shall not be used in interpreting, construing or enforcing any of the provisions of these Terms of Use.
18.5. Entire Agreement. Subject to the terms of any Separate Agreement, these Terms of Use constitute the entire agreement between you and Us and they supersede all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and Us.
18.6. Governing Law. These terms of use shall be governed by and construed in accordance with the laws of the State of Delaware, excluding any law or conflicts of law principle that would apply the law of another jurisdiction.
If you have any questions or comments regarding these Terms of Use or the Website, please email us at legal@chaiz.com
