TERMS OF SERVICE AGREEMENT

TERMS OF SERVICE AGREEMENT
Dated: August 7, 2012

USING OR ACCESSING THE EricTheCarGuy WEBSITE, VIEWING EricTheCarGuy CONTENT OR ANY EricTheCarGuy PRODUCTS, SOFTWARE, DATA FEEDS AND SERVICES PROVIDED TO YOU ON, FROM, OR THROUGH THE EricTheCarGuy WEBSITE (collectively the “SERVICE”) INDICATES THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND, WITHOUT LIMITATION OF QUALIFICATION, BY THIS TERMS OF SERVICE AGREEMENT (“AGREEMENT”), IRRESPECTIVE OF WHETHER OR NOT YOU ARE A REGISTERED USER OF OUR SERVICE.

OVERVIEW AND USE OF OUR SERVICE

The website http://www.ericthecarguy.com, including all sub-domains (collectively the “Site”) is the website and online service of EricTheCarGuy (the “Company”, “EricTheCarGuy”, “We”, “Our” or “Us”). The Site is a destination for consumers to learn how to perform maintenance and repair functions on their cars. The information contained in the Service is intended to augment, not replace, the instruction and advice provided to you by your owners manual and your qualified automotive technician. This Service is not a substitute for a comprehensive diagnostic inspection conducted by a qualified automotive technician.

You understand and acknowledge that your use of the Service will expose you to content from a variety of sources and that EricTheCarGuy is not responsible for the accuracy, usefulness, safety or intellectual property rights of, or relating to, such content. You further understand and acknowledge that you may be exposed to inaccurate, indecent, objectionable or offensive content and you agree to indemnify and hold harmless EricTheCarGuy, its owners, operators, affiliates, licensors and licensees to the fullest extent allowed by law related to your use of our Service.

Due to factors beyond the control of EricTheCarGuy, it cannot guarantee against unauthorized modifications of the information contained in this website, or improper use of this information.  EricTheCarGuy assumes no liability for property damage or injury incurred as a result of any of the information contained in this website. EricTheCarGuy recommends safe practices when working with power tools, automotive lifts, lifting tools, jack stands, electrical equipment, blunt instruments, chemicals, lubricants, or any other tools or equipment seen or implied in this website.  Due to factors beyond the control of EricTheCarGuy, no information contained in this website shall create any express or implied warranty or guarantee of any particular result.  Any injury, damage or loss that may result from improper use of these tools, equipment, or the information contained in this website is the sole responsibility of the user and not EricTheCarGuy.

PERSONAL USE

We grant you permission to make personal use of the Service only. This Service, or any part of it, may not be downloaded, reproduced, copied, duplicated, sold, resold, broadcasted, distributed, displayed, transmitted or otherwise exploited for any commercial purpose without our written consent. Other than your own “User Generated Content”, described below, you may display the Service for your personal, non-commercial use, but you may not otherwise reproduce any material appearing on our Service without our written consent. Please contact info “at” biz@ericthecarguy.com to solicit permission to reproduce or distribute content from our Service.

Registration with the Site, while free, is not required to use some portions of the Service. Full access of the Service will require registration with EricTheCarGuy.com by creating a “User” account. Registration will give you access to the Service and functionality that we may establish and maintain at our sole discretion.

“Premium” or “Paid” subscription members at EricTheCarGuy.com are entitled to exclusive benefits and access at EricTheCarGuy.com for the term in which they have paid their subscription fees.  “Premium” members are subject to the same terms as registered members and users of the site.  Once the “Premium” membership term has expired the user account will remain however access to “Premium” member benefits and content will be suspended until their subscription is renewed.

You agree to provide accurate and complete information when registering as a User or “Premium” user and are solely responsible for the activity that occurs on your account, including the security of your password. You agree to never use another User’s account without written or emailed permission and to notify us immediately of any suspected unauthorized use of your account. You agree that we are not liable for losses caused by unauthorized use of your account. Although we will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses to EricTheCarGuy or others due to such unauthorized use.

We may temporarily or permanently suspend, terminate or otherwise forbid your access to the Service or “Premium” service without notice and liability in our sole discretion, for any reason. In the event your access is restricted by us, you continue to be bound by this agreement.

USER GENERATED CONTENT

We may allow users of the Service to post comments, upload videos and other content that is intended for display on the Site (collectively “UGC”, “User Content” or “Content”). You agree that any Content you provide will not include Content that is indecent, profane, illegal, threatening, defamatory or otherwise injurious to third parties. You agree that any Content you provide will not consist of commercial solicitation, links to other websites, political campaigning, chain letters or any form of spam. You agree not to submit any Content that is confidential or proprietary information about any person or entity or is a copyright, trademark or other intellectual property right of another person or entity. You are solely responsible for Content you submit to our Service and agree that our Service is acting as a passive conduit for your online distribution and publication of your User Generated Content.

By submitting any User Generated Content to our Service, you are granting us a royalty-free, non-exclusive, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, distribute and display such Content throughout the galaxy for any purpose and in any media. For purposes of clarity, you retain all of your ownership rights in your Content, however, by submitting Content to our Service, you are granting us a royalty-free, non-exclusive, perpetual, irrevocable and fully assignable and sub-licensable right to use, reproduce, modify, adapt, publish, translate, edit, reformat, distribute and display such Content throughout the world for any purpose and in any media. You understand that EricTheCarGuy does not guarantee any confidentiality with respect to any Content you submit, nor do we guarantee that Content submitted by our users will appear on our Service.

INTELLECTUAL PROPERTY

The content featured on the Service and the trademarks, service marks and logos (“Marks”) featured on the Service are owned by or licensed to EricTheCarGuy and are subject to copyright and other intellectual property rights under the law. Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under any such Intellectual Property Rights.

EricTheCarGuy® is a registered trademark Reg. No. 4,091,132

We have provided a Feedback tab for our Users to submit suggestions, comments and ideas. By submitting any idea, through the Feedback tab or otherwise, you agree that your disclosure is unsolicited, gratuitous and without restriction and will not place EricTheCarGuy under any fiduciary or other obligation and that we are free to disclose the ideas on a non-confidential basis to anyone or use the ideas without any compensation to you. By acceptance of your submission(s), you acknowledge that we do not waive any rights to use similar or related ideas previously known to us or obtained from sources other than you.

PRIVACY

The privacy of our users is very important to us. View our Privacy Policy at http://www.ericthecarguy/privacy.com. By using the Service, you are agree to the Privacy Policy and are consenting to have your data transferred and processed within the United States.

ELIGIBILITY to ACCEPT TERMS OF SERVICE

You affirm that you are 13 years of age or older as the Service is not intended for children under 13. If you are between the ages of 13 and 18, you may only use this Service if you are an emancipated minor or possess legal parental or guardian consent and enter and abide by the terms in this Agreement. Registration, “Premium” membership, use or access to the Service by anyone under 13 is unauthorized and in violation of this Agreement. If you are under 13, please ask your parents for appropriate websites for your age.

WARRANTY DISCLAIMER

YOU AGREE THAT YOUR USE OF THE SERVICE SHALL BE AT YOUR SOLE RISK. THERE ARE SERIOUS RISKS TO YOURSELF AND YOUR VEHICLE INHERENT TO AUTOMOTIVE MAINTENANCE AND REPAIR, ESPECIALLY WHEN JACKING UP YOUR VEHICLE, JUMPING A CAR BATTERY OR HANDLING HAZARDOUS FLUIDS, INCLUDING, BUT NOT LIMITED TO BRAKE FLUID, POWER STEERING FLUID, ENGINE COOLANT, OIL OR TRANSMISSION FLUID. DO NOT ATTEMPT TO CONDUCT ANY VEHICLE MAINTENANCE OR REPAIR PROCEDURES WITHOUT A THOROUGH UNDERSTANDING OF THE SAFE PRACTICES, ACCEPTED REPAIR PROCEDURES AND RISKS INVOLVED. TO THE FULLEST EXTENT PERMITTED BY LAW, ERICTHECARGUY, ITS OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESSED OR IMPLIED, IN CONNECTION WITH THE SERVICE. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE COMPLETENESS OR ACCURACY OF THE CONTENT IN THIS SERVICE AND ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS, MISTAKES OR INACCURACIES OF CONTENT, PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER RESULTING FROM YOU ACCESS OF THE SERVICE OR ANY UNAUTHORIZED ACCESS OR USE OF OUR SERVERS AND ALL PERSONAL INFORMATION STORED THERIN. WE ASSUME NO LIABILITY FOR ANY ERRORS OR OMISSIONS OF ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT MADE AVAILABLE VIA THE SERVICES OR FOR ANY BUGS, VIRUSES OR TROJAN HORSES WHICH MAY BE TRANSMITTED THROUGH OUR SERVERS. WE DO NOT WARRANT, GUARANTEE OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH OUR SERVICE OR PRODUCT OR SERVICE OFFERED THROUGH ADVERTISING ON OUR SITE. WE WILL NOT BE PARTY TO OR BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY PROVIDER OF GOODS OR SERVICE.

LIMITATION OF LIABILITY

ERICTHECARGUY, ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER FROM i) ANY ERRORS OR MISTAKES OF CONTENT; ii) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE RESULTING FROM YOUR USE OF, OR INABILITY TO USE, OUR SERVICE; iii) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THERIN; iv) ANY INTERRUPTION IN OUR SERVICE; v) ANY BUGS, VIRUSES, TROJAN HORSES OR SIMILAR THAT MAY BE TRANSMITTED TO OR THROUGH OUR SERVICE.

THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, OR ANY OTHER LEGAL THEORY REGARDLESS OF WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.

The Service is offered by us from our facilities in the United States. We make no representations that our Service is appropriate or available for use in other locations. Use of our Service outside of the United States is done at these Users’ own risk and they are responsible for compliance with local law.

INDEMNITY

You agree to indemnify and hold harmless EricTheCarGuy, its partners, officers, directors, employees and agents from and against any and all claims, damages, obligations, liabilities, losses, costs and expenses (including, but not limited to attorney’s fees) arising from: i) your violation of any term of these Terms of Service; ii) your use of and access to the Service; iii) your violation of any third-party right, including without limitation any right of privacy, publicity rights or Intellectual Property Rights; iv) your violation of any law, rule or regulation of the United States or any other country; v) any claim or damages that arise as a result of any of your User Generated Content or any content submitted under your account; or vi) any other party’s access to the Service through your username and password information.

GENERAL

These Terms of Service have been entered into in the state of Ohio and the validity, interpretation and legal effect of this Agreement shall be governed by the laws of Ohio, without regard to the principles of conflict of laws. You consent to the exclusive jurisdiction of the federal and/or state courts of Warren county in regard to any dispute arising out of these Terms of Service.

You agree that the Service is deemed a passive website that does not give rise to personal jurisdiction over EricTheCarGuy, either specific or general, in jurisdictions other than Ohio.

These Terms of Service, together with the Privacy Notice at http://www.ericthecarguy/privacy.com and any other legal notices published by EricTheCarGuy or the Service shall constitute the entire agreement between you and EricTheCarGuy concerning the Service. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall survive in effect. No waiver, expressed or implied, of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term and EricTheCarGuy failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such provision. We reserve the right to amend or change these Terms of Service at any time for any reason and without notice. It is your responsibility to review these Terms of Service for revised items. You and EricTheCarGuy agree that any cause of action arising out of or related to the Service must commence within one year after the cause of action occurs. After the expiration of said timeline, such cause of action is permanently barred.

Please direct any comments or questions about this Terms of Service Agreement, the practices of this site or any other matter to us at info “at” EricTheCarGuy.com or by mail at EricTheCarGuy P.O. Box 395 Kings Mills, OH 45034.